The main legal point established in the judgment is the importance of restorative and reparative justice for victims of crime, the distinction between different types of homicide, and the consideration of the accused's financial capacity when ordering compensation to victims.

Petition:

Petition for bail.

Offences:

2. Offences alleged are under Sections 279, 337, 338 (two counts) and 308 of IPC.

Submissions: accused

3. According to the learned counsel for the petitioner, even taking the allegations as such in the F.I.R. an offence under Section 308 IPC is not warranted.

4. Learned counsel for the petitioner further contended that understanding the travails of the boy's family, petitioner paid Rs.50,000/- towards the boy's medical treatment. Petitioner also given Rs.5 lakhs to the boy's father and further he is ready to pay a reasonable sum. Petitioner is a graduate. So far he has not been involved in any criminal case. He has fair antecedents. He has permanent residence in Chennai. He will not run away. He will co-operate with the investigation agency. He has been jailed since 03.07.2014. In the circumstances, he may be granted bail.

Submissions: prosecution

5. On the other hand, the learned Government Advocate (Criminal Side) submitted that the occurrence took place near a School zone. There are 3 injured. Defacto complainant's son sustained grievous injuries on his legs. Both his legs were amputated. The injured boy is only about 3½ years old. His future has become bleak. Investigation is going on.

Defacto complainant:

6. Subramani, the defacto complainant, who is the father of the said boy, namely, Roshan, is present today. He did not deny his receipt of Rs.50,000/- and also Rs.5 lakhs. He is not interested in jailing the petitioner.

Consideration:

7. I have considered the rival submissions and perused the case-diary.

Factual matrix:

8. Subramani and Geetha are parents of Roshan who is about 3½ years old. They are residing in Choolai, Chennai. They put the boy in a nearby school situate in Kalathiappa Street, Choolai, Chennai. During the afternoons, Geetha used to feed her son near the school. Everything went as usual for them. But fate was cruel to them on 03.07.2014. They did not know on that day misfortune is going to happen to their beloved Roshan.

9. On the said day, at about 12.30 noon, just outside the School, on the pavement as usual Geetha was feeding Roshan. Her husband was standing nearby. Opposite to that there is Kalpavrikash Apartments. At that time, suddenly the Santro car TN-04-P-4797 came. It ran over Roshan. He fell down. The car hit Geetha and also Kirthiga, a school girl. The car was driven by the petitioner. Then, he was trying to took the car outside. There was a slope. In the circumstances, the accident took place. Roshan sustained grievous injuries on his legs. Geetha sustained fracture. Kirthiga sustained simple injuries. Ultimately, Roshan's legs were amputated.

10. Under these circumstances, petitioner has been booked for offences under Sections 279, 337, 338 (two counts) and 308 IPC.

Crime, Criminology:

11. 'Crime' is an objectable act. It is an offensive act. It may be 'commission' or 'omission' of an objectable act. Unless such 'an act' is made an offence by 'an Act' it will not be an offence even it may be an immortal act. Law and morality are different. An 'illegality' need not be always synonymous with 'morality'. And the Act shall prescribe various 'forms' of sanctions/punishments therefor.

12. Lord Macaulay's Indian Penal Code is a codification of penal law of India. It is the General Law of Crimes of this country. It is a product of erudition and scholarship. Lord Macaulay has become a source of inspiration and income for many. His Great Penal Code withstood the test of time with minimal aberrations.

13. In Chapter XIV of the Code, Section 279 IPC deals with rash and negligence driving of vehicles on public roads in such a manner endangering human life and safety likely to cause hurt or injury. Actual injury or hurt need not be necessary. But, the crux of the section is rash or negligent driving of vehicles in a thoroughfare. Section 279 IPC is concerned with public safety. Generally in all cases of road accidents involving vehicles, there will be an el