SHAHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.2263/2019 of Kayamkulam Police Station, Alappuzha, which is now pending as S.C.No.178/2020 before the Addl. District Court-I, Mavelikkara. The offences alleged against the petitioner are those under Ss. 324, 326, 212 and 302 r/w Sec. 34 of the Indian Penal Code. The allegation against the petitioner is that on 20/8/2019 at about 11.30 p.m., when the de facto complainant and his friends came out of a bar hotel by name 'Highway Palace', the accused including the petitioner in this case who were outside the Bar in a car had an altercation with them. It is alleged that the 1st accused who was behind the steering wheel of the car knocked down the de facto complainant and his friend Sachin and caused serious injuries to them. It is alleged that the deceased Shameer intervened the matter and at that time, the 2nd accused who was sitting in the front passenger seat of the car hit Shameer on his head with a beer bottle as a result of which the deceased Shameer had fallen down. Thereafter, the 1st accused took his car for some distance and thereafter reversed the car at great speed and ran the car over the deceased Shameer resulting in his death.

(2.) The learned counsel for the petitioner would submit that the petitioner has been in custody from 24/8/2019 and has, therefore, completed for more than four years in custody as an under trial prisoner. It is submitted that the case of the prosecution is clearly that Shameer died on account of the fact that the 1st accused had driven his car over him in the manner indicated above. It is submitted that even if the entire prosecution case is believed, the altercation between the de facto complainant and his friends and the acts alleged against the accused can only be classified as acts done on account of sudden and grave provocation for which the offence under Sec. 302 of IPC would not be attracted. It is submitted that no common design or intention to cause death is even alleged and there is no reason whatsoever to hold that the petitioner was also responsible for the death of Shameer. It is submitted that the only overt act alleged against the petitioner is that he had hit Shameer on his head with a beer bottle as a result of which the said Shameer had fallen down. It is submitted that since the petitioner has been in custody for more than four years, it is only appropriate that the petitioner be released on bail subject to any condition that this Court may impose.

(3.) Heard the learned Public Prosecutor also. The learned Public Prosecutor refers to the facts and circumstances of the case. He has also made available the case diary for perusal of this Court. He also points out that there are no change of circumstances from earlier occasions when this Court had denied bail to the petitioner.