SUNISH M.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.287/2024 of the Maradu Police Station, Ernakulam, registered against him for allegedly committing the offences punishable under Sec.304 of the Indian Penal Code (in short, ' IPC' ) and Secs.134(a) and 134(b) of the Motor Vehicles Act, 1989. The petitioner was arrested on 21/2/2024.

(2.) The essence of the prosecution case is that: on 13/2/2024 at around 19.11 hours, while the accused was parking his lorry bearing No.KL-40-Q 8108 on the Thevara - Kundanoor bridge area, he reversed the vehicle in a manner endangering human life and with a knowledge that it would cause death knocked down a person named Sudheesan (deceased), who was standing behind the vehicle. The lorry ran over the said person and he succumbed to the fatal injuries. The accused washed off the blood stains and attempted to destroy the evidence. He also failed to give any proper medical aid to the deceased. Thus, the accused has committed the above offences.

(3.) Heard; Sri.K.P.Madhu, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.