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2026 Supreme(Online)(Ker) 13455

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
A.V.SURAJ – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.R.GITHESH, SHRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SRI.HARIKRISHNAN S.
For the Respondents: SRI.BABY MATHEW, SRI SUDHEER.G, PUBLIC PROSECUTOR

Table of Content
1. legal implications of section 304a ipc and conditions for criminal liability. (Para 1 , 3 , 7)
2. allegations of negligence related to inadequate road safety leading to an accident. (Para 2 , 4)
3. court emphasized the role of negligent driving as the primary cause of the accident. (Para 5 , 6)

O R D E R

The second accused in C.C No.2352/2016 on the files of the Judicial First Class Magistrate Court, Irinjalakkuda, has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the aforesaid case. The offence alleged against the petitioner is under Section 304A I.P.C.

2. The prosecution case is summarised as follows:

On 06.11.2015 at about 00:45 hrs, a Tata Sumo vehicle driven by a person by name Krishna Prasad (1st accused) through Ernakulam - Thrissur National Highway 566 swerved away from the road and overturned into a waterlogged area resulting in the death of seven persons including the aforesaid person by name Krishna Prasad. The accident is said to have happened due to the rash and negligent driving of the first accused Krishna Prasad. As against the petitioner herein, who has been arraigned in his capacity as the Chief Operating Offi

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