SHAHJADE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the accused in Crime No.1087 of 2021 of Maradu Police Station, Ernakulam, which is now pending as S.C.No.550 of 2023 on the files of the Principal Assistant Sessions Court, Ernakulam. The offences alleged against the petitioner are under Sec. 304 of the Indian penal Code, 1860 as well as under Sec. 184 of the Motor Vehicles Act, 1988.

(3.) According to the prosecution, on 15/7/2021, the accused drove a tanker lorry bearing Registration No.KL-41-E-8853 through Aroor-Edappally National Highway, with the knowledge that he, by the said act, would cause danger to human life and thereafter hit the motor bike driven by one Vincent Varghese which caused the driver as well as the pillion rider to fall down and suffer fatal injuries resulting in their death and the accused committed the offences alleged.