SISHMON Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of criminal procedure. The petitioner is the accused in Crime No. 4191/2009 of City traffic Police Station, Kochi.

(2.) THE offences alleged against the petitioner were originally under sections 279 and 304 (A) of the Indian Penal Code and Rule 133 (a) read with section 177 of the Kerala Motor Vehicles Rules. Later offence under Section 304 of the Indian Penal Code was also added.

(3.) THE prosecution case is that on 13/5/2009, the petitioner who is a cleaner of a container lorry and who does not possess driving licence, drove a container lorry resulting in the death of a Surveyor of a Transporting Company, who was engaged in survey of another container lorry. The petitioner was arrested on 14/05/2009 and he is in judicial custody. The learned Public prosecutor submitted that the investigation is almost over.