ORDER

1. This petition is filed under section 439 of the Code of Criminal Procedure.

2. The petitioner herein is the accused in Crime No.2368 of

2017 of the City Traffic Police Station, Kozhikode, registered alleging offences punishable under sections 304 and 308 of the IPC.

3. The prosecution case is that the petitioner herein while driving a tipper lorry bearing registration No.KL 11 Z 9494, drove his powerful vehicle in a reckless manner along a busy public road with full knowledge that his act is likely to cause death and while doing so dashed on the back side of a scooter. He drove the vehicle forward over the body of the pillion rider and then hit a cycle and a motor bike. The Bike was dragged on for quite a distance. The rider and pillion rider of the Scooter, who were spouses, and the rider of the BA 31/2018 2 Motor Bike, suffered fatal injuries. They were immediately removed to the Medical College Hospital. The husband and wife were pronounced dead on arrival and the person on the bike succumbed to the injuries sustained by him later in the day.

4. The learned counsel appearing for the petitioner submitted that instant is a case of pure rashness and negligence and what would be