Suhail Sajeev
Dismissing the bail plea, the court observed that the vehicle was alleged to have been driven in a public way at an excessive speed of more than 100 km/hr, in a totally drunken state, accompanied by the other accused persons, wherein the maximum permissible speed limit was only 60 or 70 km/hr.
“Such conduct demonstrates a flagrant disregard for traffic laws and public safety, reflecting a reckless and irresponsible attitude towards the safety and lives of other road users,” the order said. The court observed that apart from the contention regarding the sustainability of the charge against the accused persons, no other default or lapse on the part of the investigating agency was raised by the counsel for the accused. Kochi : Angamaly judicial first-class magistrate court on Saturday dismissed the bail applications of the four accused involved in the Nedumbassery mini cooper crash which claimed the lives of three youths.
The court considered a report filed by the prosecution that the medical records obtained during the investigation showed that the alcohol concentration in the blood sample of Suhail was reported as 161 mg per 100 ml, while the urine sample recorded 230 mg per 100 ml. The reported blood alcohol concentration is substantially higher than the permissible limit of 30 mg per 100 ml.
“The culpability of the accused persons can be determined only after a thorough investigation and upon appreciation of the evidence by the competent court,” the order said. “This is a significant circumstance to be considered while assessing the prosecution case at the present stage, particularly in conjunction with the allegation that the vehicle was driven at an excessive speed and resulted in the death of three persons,” the court observed. As per the order, the circumstances surrounding the journey, including the reason for driving at such an excessive speed and the respective roles, if any, played by the others, are matters that require further investigation and appreciation of evidence. The order added that all the accused persons were well aware of the fact that Suhail was in a highly intoxicated stage, and under the influence of which he may not be able to take prudent decisions while driving. Hearing both sides, the court observed that there is every chance that the accused may try to influence or intimidate the witnesses and tamper with the evidence and granting bail at this stage will hamper the course of the investigation.
Prosecution also submitted that the investigation has secured the Event Data Recorder (EDR) of the vehicle, the relevant data from which is proposed to be produced before the court.