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2021 Supreme(Online)(KER) 45801

HIGH COURT OF KERALA
K.HARIPAL, J
TOM JOSE,
– Appellant
Versus

STATE OF KERALA, – Respondent


Advocates:
M.T.SURESHKUMAR, R.RENJITH

O R D E R

This is a criminal revision petition filed under Sections 397 and

401 of the Code of Criminal Procedure . Petitioner is the 2nd accused in S.C.No.542/2016 pending before the Additional Sessions Court, Thalassary, where himself and the 1st accused face allegations under Section 304 read with 34 of the Indian Penal Code . The unfortunate incident, which led to the registration of crime No.415/2015 of Payyavoor police station, had happened on 15.7.2015 at 15.45 hours. The petitioner is a teacher in Hindi in Cherupushpa U.P. School, Chandanakampara. That day the incident had happened in bus No.KL-59 L 3288 owned by the said school while taking the children back to their respective houses. The bus was driven by the 1st accused and the petitioner was temporarily deployed that day for taking care of the children, in the absence of the 'Ayah'.

2. Going by the charge sheet, that day at 15:45 hours when the bus reached at a place by name Mavumchal in Payyavoor amsom, the 1st accused, knowing that his act would cause the death of the child, kept open the hydraulic door of the bus causing the child to fall on the road through the door and then the rear tyre of the vehicle ran over t

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