The court determined that the accused's prior detention justified bail despite serious charges, emphasizing the importance of conditions to protect the investigation.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.318 of 2025 of Cheranalloor Police Station, Ernakulam, registered for the offences punishable under Sections 281 and 106(2) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. According to the prosecution, on 21.06.2025, at 07.50 pm, the accused, who was the driver of a service bus bearing number KL.01.AQ.2277, drove the vehicle in a rash and negligent manner and hit a scooter bearing number KL.07.CK.7830 resulting in the death of the driver of the scooter. After the accident, petitioner fled from the scene and thereby committed the offences alleged. Petitioner was arrested on

22.06.2025 and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned Public Prosecutor opposed the bail application.

6. Section 106 (2) of BNS deals with instances where death is caused by negligence while driving a vehicle, which does not amount to culpable homicide. The said provision applies when the accused escapes from the place of occurrence without reporting it to a police officer or a Magistrate soon after the incident. The punishment provided in such instances can extend to 10 years and also to fine.

7. Petitioner is alleged to have fled from the scene of occurrence immediately after the accident. Therefore prima facie, Section 106 (2) is applicable. Further, petitioner is involved in five other crimes all relating to rash and negligent driving. He is an accused in Crime No.268 of 2020 of the Kuttampuzha Police Station, Crime No.3856 of 2023 of the Traffic East Police Station, Ernakulam, Crime No.1525 of 2017 of the Perumbavoor Police Station, Crime No.1209 of 2020 of the Kuruppumpady Police Station, Crime No.3071 of 2023 of the Traffic West Police Station, Ernakulam and Crime No.925 of 2017 of the Kuttampuzha Police Station. Amongst the above, the last two crimes relate to drunken driving as well.

8. Though the allegations against the petitioner are serious, considering the period of detention already undergone by him, I am of the view that further custody is not necessary.

9. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.