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2016 Supreme(Online)(KER) 32153

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SAJEEV KUMAR P B – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

1.This petition is filed under Section 397 r/w Section 301 of the Code of Criminal Procedure.

2.The petitioner is the accused in S.T. No. 1769 of 2011 on the file of the Judicial First Class Magistrate-II, Aluva. In the aforesaid case, he was proceeded against for having committed offences punishable under Sections 279 and 338 of the IPC.

3.The prosecution allegation is that on 25.11.2011 at 10.40 pm, the petitioner had driven a car bearing registration No. KL 07-AF-1383 under the influence of alcohol in a rash and negligent manner endangering human life and dashed against a goods autorickshaw bearing registration No. KL-07-BK-523. CW2 who was inside the autorickshaw sustained injuries as a result. In direct consequence to the above incident, a series of collisions took place involving an autorikshaw bearing registration No. KL-41 A 4992, a bike bearing registration No. KL-07-BK-2816, an autorikshaw bearing registration No. KL-07 BL 2816 and another vehicle registration bearing No. KL-41-A 6627 and the said vehicles went inside the wayside stall of CW5 causing damages.

4.Before the learned Magistrate the prosecution examined PWs 1 to 9 through whom Exts. P1 to P12 were marked

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