VICTOR SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1, 2 and 4 to 6 in Crime No. 208 of 2009 of CBCID, Kottayam have filed BA Nos. 6000 of 2009, 6054 of 2009, 6042 of 2009, 6175 of 2009 and 6174 of 2009 respectively under S.439 of the Code of Criminal Procedure. Accused Nos. 1 and 4 were arrested on 04/10/2009, accused No. 2 was arrested on 05/10/2009 and accused Nos. 5 and 6 were arrested on 14/10/2009. They are in judicial custody.

(2.) The offences alleged against the petitioners are under S.280, 282, 218, 420 and 304 read with S.34 of the Indian Penal Code.

(3.) On 30/09/2009 at about 4.25 PM, 'Jalakanyaka', a double decker boat belonging to the Kerala State Tourism Development Corporation, took more than 75 tourists on board and started its journey in Thekkady. There is dispute regarding the number of passengers on board the boat. There is also dispute as to the number of persons in the lower deck and in the upper deck. The boat was driven by the first accused, Victor Samuel. The second accused, Aneesh @ Nankan, was the lascar of the boat. When the boat was returning to the landing place, it would appear that some wild animals were seen on the shore. There is a version that some of the passengers shifted their place to that side of the boat, which caused the boat to be in a slanting position. The driver lost control of the boat. There is another version that the driver after slowing down the boat for some time, suddenly turned the boat to the left side in high speed, which resulted in the loss of control. Whatever may be the reason, the boat capsized. 45 persons lost their lives.