Harikrishna v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 03.01.2023 for the offences punishable under Section 279 and 304(ii) of IPC in Crime No.1 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 03.01.2023 at 2.00am, while the defacto complainant's sister family returning from Guruvayur Temple to Chennai, they met with an accident. It is alleged that the petitioner herein is said to have hit the car and in the incident, entire family were died on the spot. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that while the loaded lorry was driven by the petitioner, a lorry suddenly stopped in highway, Innova car and Fiat car hit the said lorry. The petitioner also applied the brake and the accident was happened in the highway. He would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he will abide by any condition that may be imposed by this

Court. He would also submit that the petitioner has been suffering incarceration from 03.01.2023. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police would submit that the petitioner had driven the lorry in a rash and negligent manner. He would further submit that the investigation is not yet completed and it is in preliminary stage, if the petitioner is granted bail at this stage, then there will be possibility of tampering the witnesses and hampering the investigation and Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact the investigation is at crucial stage and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed. 09.02.2023 Jai/nti

T.V.THAMILSELVI, J.

jai/nti 09.02.2023