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2025 Supreme(Online)(Ker) 48359

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SREEHARI SAJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEEVAN T.CHARLES
For the Respondents: SR PP SRI C S HRITHWIK

ORDER

Dated this the 24th day of October, 2025

The petitioner is the sole accused in C.C.No.487/2024 on the file of the Court of the Judicial First-Class Magistrate – I, Perumbavoor, which arises out of Crime No.190/2024 registered by the Perumbavoor Police Station, for allegedly committing the offences punishable under Sections 279 and 304A of the Indian Penal Code and Sections 134 a, b of the Motor Vehicle Act.

2. The gist of the prosecution case, is that, on 06.02.2024, at around 5.25 hours, the petitioner had driven a car bearing registration No. TN-75-AL-1177 at excessive speed and in a rash and negligent manner through the M.C. road, and when the car reached the Vallom Juma Masjid, the side mirror of the car hit against the person named Mr. Shamsu K, who fell down on the road and suffered grievous injuries. The injured lost his life on 09.02.2024. Thus, the petitioner has committed the above offences.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, even if the allegations in Annexure A1 FIR and Annexure A3 final report are taken on its face value, the same will not attract the offenc

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