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2026 Supreme(Online)(Ker) 25104

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ULLAS H J – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1885 OF 2026 | CRIME NO.216/2026



Advocates:
For the Appellants/Petitioners: SRI.P.K.SUBHASH, SMT.JENI JOHN
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

Bail granted due to near-complete investigation, no antecedents, and no detention necessity in rash driving death case.

Headnote:The application under Section 483 BNSS seeks regular bail for offences under Sections 281, 105 BNSS and Section 185 MV Act. The prosecution alleges rash and negligent driving under alcohol influence causing fatal accident to a bike rider. Court finds investigation nearly complete, no antecedents, and no need for continued detention. Issue framed as entitlement to bail despite allegations of intentional acts. Ratio: Absence of connecting materials, completed investigation, and clean record justify bail without risk to process. Application allowed; bail granted on bond of Rs.1,00,000/- with sureties and conditions including cooperation, reporting, and non-tampering.

Table of Content
1. prosecution alleges rash driving under alcohol causing death. (Para 2)
2. bail justified by investigation progress and no antecedents. (Para 4 , 6)
3. defence claims false implication; prosecution opposes bail. (Para 5)

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.216/2026 of Hosdurg Police Station, Kasargod 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 .

3. The prosecution case, in short, is that on 22.3.2026 at around 23.20 hours, at Chithari Village, the applicant being the driver of the car bearing registration No.KL- 14-C-9607, drove it in a rash and negligent manner so as to endanger human life, from Kasaragod to Kanhangad and hit a bike bearing registration No.KL-10-BG-1903. As a result, the bike rider sustained grievous injuries and subsequently succumbed to those injuries. It is also alleged that the applicant had consumed alcohol. Thus, the applicant has committed the above offences.

4. I have heard Sri. P.K. Subash, the learned counsel for the applicant and Sri. K.A. Noushad, 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 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.

6. The applicant was remanded to judicial custody on 22.3.2026. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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