ORDER :

1. The State has filed this Petition under Section 482 of the Code of Criminal Procedure (for brevity “the Code”) seeking to set aside the order granting regular bail to the respondent by the Judicial Magistrate of the First Class, Thiruvananthapuram.

2. The factual background of the proceedings under challenge can be briefly set out in the following lines:

About an hour after midnight on 3.8.2019, Sri. K. Muhammed Basheer, the Unit Chief of “Siraj Daily” was returning back home in a Bike. At or about the same time, the respondent herein, who is a young IAS officer and occupying a prominent position in the administrative setup in the State, after some personal engagement, exchanged messages with his female friend and requested her to give him a lift to his place of residence. She was asked to come to a spot near Kawdiar, Thiruvananthapuram in her car. She obliged and she reached the place as requested and found the respondent. The respondent offered to drive the car and his request was acceded to by the lady. She sat on the passenger seat. After taking on the wheels, the respondent is alleged to have driven the vehicle in a very rash and negligent manner and that too, at breakneck speed. Sri. Basheer, who had no idea as to the misfortune that was to befall upon him, was riding in front. It is alleged that the car driven by the respondent crashed on the back side of the bike, throwing Basheer to the tarmac. He suffered fatal injuries. The devastating sound of the incident reached the ears of the police officers of the Museum Police Station which is situated nearby. They rushed to the place without any delay. By that time, several eye witnesses had also gathered round. The eye witness accounts reveal that the respondent as well as his lady friend had come out of the car. The respondent lifted the injured in his arms and was seen screaming for help. Some witnesses also say that the smell of alcohol emanated from his breath. Basheer was rushed to the Medical College Hospital in an ambulance. However, his life could not be saved and he was pronounced dead on arrival. The respondent also suffered some concussions and injuries and he was removed to the General Hospital, Thiruvananthapuram, for treatment.

3. Crime No. 1656 of 2019 was registered at 7.26 a.m. on the same day under Sections 304A and 279 of the IPC based on information furnished by a colleague of Sri. Basheer. As to why the police had to wait seven hours to register the crime is a mystery, they being the persons who had shifted the injured to the hospital.

4. On the same day at 5.45 p.m. the arrest of the respondent was recorded and a report was sent to the learned Magistrate. In the said report, there is no variation in the nature of offence alleged against him.

5. It appears that the statement of the co-passenger was recorded by the learned Magistrate under Section 164 of the Cr.P.C. on the same day itself. Immediately thereafter, she was arrayed as an accused for having instigated the respondent to commit the offence.

6. It further appears that the respondent, who was undergoing treatment at the General Hospital, was ordered to be shifted to the Medical College Hospital for treatment. Instead, the respondent was taken to the KIMS Hospital, a private Hospital at Thiruvananthapuram, where he was administered treatment as inpatient. His blood samples were collected and the same was sent to the Chemical Examiners Laboratory.

7. Immediately thereafter, a report was sent to the learned Magistrate deleting Sections 279 and 304A of the IPC and replacing them with Section 304 of the IPC and Sections 184, 185, 188 of the Motor Vehicles Act, 1988.

8. Later, report of blood analysis was received from the Chemical Examiners Laboratory. The presence of Ethyl Alcohol was not detected in the blood sample.

9. It is in the above backdrop that the respondent approached the learned Magistrate and moved an application for bail. The learned Magistrate took note of the fact that Ethyl Alcohol