SHAJI PURUSHOTHAMAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 439 of Cr.P.C. seeking bail in Crime No. 354 of 2013 for the offences punishable under Section 279, 304 (ii), 338, and 337 of IPC (3 counts) and 134 (a,b) of Motor Vehicles Act.

(2.) THE case of the prosecution is that on the night of 22.05.2013, the petitioner drove the Mercedez Benz car owned by him in an inebriated condition along with 3 of his friends as co-passengers. When the car was nearing the maternity hospital at Egmore, the petitioner due to his rash and negligent driving owing to intoxication, rammed in to persons who were sleeping in the pavement and caused the death of one minor boy aged about 13 years besides causing injuries to others.

(3.) PER contra, the learned Public Prosecutor oppose the bail petition filed by the petitioner by relying on the detailed counter affidavit filed by the investigating officer. According to the learned Public Prosecutor, the petitioner was arrested after thorough investigation in to the case and after the testimony of several witnesses examined in this case implicated him and his role. Therefore, it is incorrect on the part of the petitioner to contend that the entire case projected by the prosecution is only on the basis of the complaint given by the defacto complainant Rajesh.