Petition under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.895 of 2014 of Kodumon Police Station registered for the offences punishable under Sections 279 and 304 of the Indian Penal Code and Sections 129 read with 177, 185, 3(1) read with 181 and 146 read with 196 of the Motor Vehicles Act.
3. The allegation against the petitioner is that he, who was not holding a driving licence, rode a motorbike, in a fully drunken mood, on 12.09.2014 at 10.55 p.m., in enormous speed and caused hit the same on a 21 year old man, who was on the road, thereby causing the death of the victim. The petitioner has been in custody for the period from 16.09.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the CD.
5. The contents of the CD prima facie reveal the complicity of the petitioner. Even though the petitioner is only 19 year old boy, it is a fact that he was fully drunk and the motorbike being ridden by him without any licence. He caused to hit the motorbike on a 21 year old innocent man on the road, thereby causing his death. The allegations against the petitioner are very grave and serious. Considering the seriousness of the allegations against the petitioner, I am satisfied that he is not entitled to be enlarged on bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA JUDGE DSV/07/11 // True Copy // P.A. To Judge