ORDER
Petitioner is the second accused in Crime No. 1487/2012 of Kundara Police Station, Kollam District, who along with first accused is alleged to have committed offences punishable under Sections 304 r/w 34 of IPC, Section 3(1) r/w 181 and Section 5 r/w 180, 183 of the MV Act.
2. As per prosecution case, the incident occurred on 2.9.2012 at about 11.30 a.m The allegation is that the first accused drove a private bus bearing Regn. No. KL-7.BF-7737 through the Kollam Kundara Public Road in a rash and negligent manner to cause to hit on the motor cycle therein and the victim who fell down on the road, sustained grievous injuries and succumbed to injuries. On the basis of information a crime was registered.
3. The petitioner is said to be implicated as second accused. Learned counsel for the petitioner pointed out that the petitioner is innocent and has been falsely implicated. The petitioner has nothing to do with the accident as he was not driving the vehicle at the relevant time.
4. The CD was made available for perusal. It is seen from the records that the petitioner is the authorised driver of the vehicle and he, after parting the vehicle, entrusted it to the first accused. It is thereafter the first accused in his own volition drove the bus and caused the accident.
5. Considering the nature of allegations and the fact that the petitioner is not directly connected with the collision as he was not driving the vehicle at the relevant time, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. The petition is allowed as follows:
1) The petitioner shall surrender before the Investigating Officer on or before 10.10.2012, who after interrogation shall produce the petitioner before the JFCM court concerned, which court on an application being moved by the petitioner shall release him on bail on his executing a bond for Rs. 25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM concerned.
2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.
3) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him.
4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.
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