Bail applications require serious consideration of the applicant's past conduct and the severity of allegations against them.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the accused in Crime No.147/2026 of Alathur Police Station, Palakkad District. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita, 2023 and Section 185 of the Motor Vehicles Act, 1988 (for short, the MV Act).

3. The prosecution case, in short, is that on

3.2.2026 at about 9.40 pm, the applicant after consuming alcohol, drove the autorickshaw bearing registration No.KL-49-J- 3992 in a rash and negligent manner, along the Gandhi Junction- Kattussery public road from Gandhi Junction towards Kattussery, with the knowledge that such driving on a public road would cause bodily injuries or death to others, colluded with a motorcycle coming from opposite direction driven by on Venugopalan, the father of the defacto complainant, causing him fell on the road, sustaining him grievous head injury, later he succumbed to the injuries and thereby committed the offences.

4. I have heard Sri. Rizwana A.A., the learned counsel for the applicant and Sri. M.C. Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on

4.2.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The records show that the applicant drove his autorickshaw which colluded with a motorcycle coming in the opposite direction, causing injuries to the driver of the motorcycle and later on he succumbed to the injuries. The investigation revealed that, at the time of the incident, the applicant was intoxicated. The applicant is involved in six other cases of similar nature. In three of those cases also, the offence of drunken driving under Section 185 of the MV Act is incorporated. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-