Kerala High Court grants bail to 4 accused in Mini Cooper crash case

The Kerala High Court on Friday granted bill to all four accused in the Mini Cooper crash case that claim the life of three youngsters near Kochi Airport on October 11. [Suhail v. State of Kerala and connected cases]

A 19-year-old named Suhail Sajeev was allegedly driving the Mini Cooper car under the influence of alcohol and crashed into a scooter, killing three youngsters near Kochi Airport last month. Sajeev and three passengers - Ninav, Joyal S Anto and Ameen Shah - were all arrested by the police following the incident.

Justice Kauser Edappagath today allowed the bail applications filed by the accused, clarifying that Sajeev would be released on November 16, while the other three would be released immediately, subject to bail conditions.

While granting bail, the Court observed,

"Whether the accused no 1's (Sajeev) action was mere negligence and crossed the threshold of culpable homicide, he possessed actual knowledge of the imminence of death resulting from his action, is a matter to be substantiated with proof. Similarly, the question whether accused no 2 to 4 instigated accused no 1 to drive at excessive speed and abetted him in the commission of offence is also a matter to be proved in trial."

Considering the advanced stage of investigation, the young age of the accused and the fact that they had already undergone custodial interrogation twice, the Court held that their continued detention was unnecessary.

After the accident on October 11, the Nedumbassery Airport Police Station registered a case under Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder. The police subsequently arrested Sajeev and his co-passengers.

All four accused were initially remanded to 14 days of judicial custody. They eventually moved bail applications, but their bail pleas were rejected by a trial court on October 17 and by a sessions court on October 28.

The sessions court, in its order, noted that there was evidence indicating that Sajeev was heavily intoxicated when he drove the car at high speed and hit the scooter from behind. A chemical analysis detected alcohol levels of 161 mg per 100 ml in Sajeev's blood and 230 mg per 100 ml in his urine, the order recorded.

Regarding the co-passengers, the trial court found that they were actively involved in encouraging reckless driving as they had accompanied Sajeev to bars and failed to prevent him from driving while being intoxicated.

The prosecution had also relied on an audio message allegedly sent by co-accused, Joyal Anto, to another friend after the accident. In the said audio clip, he is allegedly heard saying that Sajeev was driving at high speed under the influence of alcohol when the car hit the scooter.

They subsequently moved the Kerala High Court with the present bail applications.

Senior Advocate B Raman Pillai appeared for Sajeev along with advocates Saiby Jose Kidangoor, Afsana Khan, Sreeraj S Rajaram, Adithyan C, Victor Joseph, Pramitha Augustine, Adarsh Padmanabhan, Saina Fathima SR and Anna Paul.

Advocates Aromalunni MS, Vidhu M Unnithan, Binu Babukuttan, KK Aji Kumar, Ratheesh C, Hari Sankar V and Nima Meriyam Koshy represented Joyal S Anto.

Director General of Prosecution T Asaf Ali appeared for the state.

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