V.SAVIN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) On 14.9.2019, at about 8.03 p.m., Crime No.1688 of 2019 of the Kottayam East Police Station was registered under Sections 279 , 337 , 338 of the IPC and Section 134 of the Motor Vehicles Act, 1988 at the instance of one Chandrababu. According to the informant, his father Sri.K.K.Thankappan was hit by a car driven by an unidentified driver on 12.9.2019 at about 6.30 pm. and he sustained serious injuries. The injured was in an unconscious state and was undergoing treatment at the Kottayam Medical College. On 21.9.2019, at about 7.20 a.m, Sri.Thankappan succumbed to the injuries sustained by him. A report was submitted before court incorporating Section 304A of the IPC. In the course of investigation, it was revealed that on 12.9.2019, the applicant herein had driven a car bearing Reg.No.KL-5-AR-2255 in a rash and negligent manner after consuming alcohol and had scraped on numerous vehicles and he was finally intercepted by the locals when he had reached the Puthupally junction. He was arrested by the police and he was taken to the Doctor. His breath was tested using an Alcometer and his blood samples were taken. Later, Crime No.1681 of 2019 was registered under Section 279 of the IPC and under Section 185 of the Motor Vehicles Act, 1988. In the course of investigation, police questioned several witnesses who disclosed that it was the applicant herein who had knocked down Thankappan while he was walking towards Pulpally. Since there were materials to show that the applicant had driven the vehicle under the influence of alcohol, Section 304 of the IPC was added.

(3.) Sri.P.Deepak, the learned counsel appearing for the applicant, submitted that the applicant was roped in as an accused in Crime No.1688 of 2019 as the police failed to identify and apprehend the person who had knocked down the pedestrian. He points out that though the incident which led to registration of Crime No.1688 of 2019 was on 12.9.2019, the crime was registered only on 14.9.2019. He would point out that if the applicant was actually the culprit, his name would have found a place in the FIR. He would then point out that Thankappan was knocked down at a place called Vettathukavala at 6.30 pm and if the prosecution version is believed, he was intercepted by the police near to Nilakkal church at 6.55 pm. The places being near to each other, there is no explanation for the time gap of about 25 minutes, submits the learned counsel. He would finally contend that Section 304 of the IPC has no application in the instant case as even according to the prosecution case, it was a clear case of accident. If that be the case, the only offence attracted is one under Section 304A of the IPC, submits the learned counsel.