[Cites 2, Cited by 0]
Kerala High Court
A.V.Suraj vs The State Of Kerala on 26 February, 2026
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Crl.M.C No.8123/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
CRL.MC NO. 8123 OF 2019
CRIME NO.1673/2015 OF PUDUKKAD POLICE STATION, THRISSUR
AGAINST THE FINAL REPORT DATED 23.08.2016 IN CC NO.2352 OF
2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA
PETITIONER:
A.V.SURAJ, AGED 45 YEARS, S/O RAGHAVAN,
CHIEF OPERATING OFFICER,
M/S GURUVAYOOR INFRASTRUCTURE PVT LTD,
PALIYEKKARA TOLL PLAZA, SALEM - KOCHI HIGHWAY,
PALIYEKKARA, CHITTISSERY, THRISSUR- 680301
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SHRI.HARIKRISHNAN S.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682030
2 SHRI. SHOWKATHALI, S/O MUHAMMED KUTTY,
PUTHUSSERYKULAM HOUSE, PLAKKA PARAMBU,
KATTUSSERY DESOM, ALATHUR, PALAKKAD- 678 542
BY ADV SRI.BABY MATHEW
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.02.2026, THE COURT ON 26.02.2026 PASSED THE FOLLOWING:
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ORDER
The second accused in C.C No.2352/2016 on the files of the
Judicial First Class Magistrate Court, Irinjalakkuda, has filed this petition
under Section 482 Cr.P.C to quash the proceedings against him in the
aforesaid case. The offence alleged against the petitioner is under
Section 304A I.P.C.
2. The prosecution case is summarised as follows:
On 06.11.2015 at about 00:45 hrs, a Tata Sumo vehicle driven by
a person by name Krishna Prasad (1st accused) through Ernakulam -
Thrissur National Highway 566 swerved away from the road and
overturned into a waterlogged area resulting in the death of seven
persons including the aforesaid person by name Krishna Prasad. The
accident is said to have happened due to the rash and negligent driving
of the first accused Krishna Prasad. As against the petitioner herein,
who has been arraigned in his capacity as the Chief Operating Officer,
G.I.P.L, Toll Plaza, Paliyakkara, the allegation is that the failure to erect
concrete pillars, signal boards and sufficient electric lights in that area,
has resulted in the aforesaid accident. The Project Director of National
Highway Authority of India, Palakkad has been arraigned as the third
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accused in this case. It is alleged that as per the terms of agreement
between the National Highway Authority of India and the G.I.P.L Toll
Plaza, the latter company was required to erect the necessary signal
boards, concrete pillars and electric lights by the sides of the National
Highway to avert accidents. Thus, the petitioner is alleged to have
committed the aforesaid offence.
3. Heard the learned counsel for the petitioner, the learned
counsel for the second respondent / de facto complainant, and the
learned Public Prosecutor representing the State of Kerala.
4. As already stated above, the petitioner herein is arraigned
as the second accused in his capacity as the Chief Operating Officer of
G.I.P.L Toll Plaza, Paliyakkara which was said to have entered into an
agreement with the National Highway Authority of India for the
construction of roads with adequate safeguards to avoid accidents at
the places including the place where the accident involved in this case
took place. However, the final report filed by the investigating agency
is hopelessly silent as to the nature of the obligation or liability on the
part of the petitioner to oversee the road construction and the
responsibility to erect signal boards, concrete pillars, electrical lights etc
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by the sides of the roads so constructed. In the absence of specific
contentions in the above regard about the liability of the petitioner to
supervise and ensure the safety measures relating to installation of
signal boards, barricades etc by the sides of the National Highway, he
cannot be fastened with the criminal liability under Section 304A I.P.C
for the omission to make such structures by the side of the National
Highway at the place where the accident involved in this case
happened.
5. Another thing to be noted is that, even according to the
prosecution, the accident involved in this case occurred due to the rash
and negligent driving of the vehicle by the first accused who also lost
his life in that accident. There is no case for the prosecution that the
vehicle was being driven by the first accused with due diligence, and
that it happened to swerve away from the National Highway to the
property by the side of the road and to nose-dive into a waterbody only
because of the absence of concrete pillars, signal boards and sufficient
electric light at the place of the incident. Going by the indications in
the final report, the accident would have happened with the said
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vehicle hitting against the concrete pillars, signal boards and lamp posts
even if those structures were there by the side of the National Highway.
6. In this context, it is worth to note that Annexure-X copy of
the common award passed by the Motor Accident Claims Tribunal,
Palakkad would reveal that the aforesaid Tribunal, after analysing the
evidence adduced by the legal heirs of the deceased victims of the
accident, came to the definite conclusion that the accident happened
only due to the rash and negligent driving of the vehicle by the first
accused. As far as the present petitioner is concerned, there is specific
finding in the aforesaid award that he cannot be held liable for the
accident. The conclusions in the above regard in Annexure-X copy of
the award of the Motor Accident Claims Tribunal, Palakkad also support
the case of the petitioner that he has been unnecessarily dragged into
this criminal prosecution.
7. In order to attract the criminal liability under Section 304A
I.P.C, there should be convincing evidence to show that the rash or
negligent act on the part of the offender has caused the death of any
person. As far as the present case is concerned, the petitioner cannot
be prosecuted for the commission of offence under Section 304A I.P.C
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since the final report and the accompanying records relied on by the
prosecution are not capable of bringing home the essential requirement
that the omission on the part of the petitioner to erect concrete pillars,
signal boards, electric lights etc. by the sides of the National Highway
at the place of accident, was the direct cause for the accident resulting
in the death of seven persons. Therefore, the prayer of the petitioner
to quash the proceedings against him, deserves to be allowed.
In the result, the petition stands allowed. The proceedings
against the petitioner/second accused in C.C No.2352/2016 on the files
of the Judicial First Class Magistrate Court, Irinjalakkuda which arose
out of Crime No.1673/2015 of Pudukkad Police Station, are hereby
quashed.
(sd/-)
G. GIRISH, JUDGE
jsr
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APPENDIX OF CRL.MC NO. 8123 OF 2019
PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF F.I.R NO.1673 DATED
06.11.2015 OF PUDUKKAD POLICE STATION,
THRISSUR.
ANNEXURE II TRUE COPY OF F.I. STATEMENT OF THE
SHOUKATHALI.
ANNEXURE III TRUE COPY OF REPORT SUBMITTED BY THE
INVESTIGATING OFFICER ON 24.11.2015 BEFORE
THE CHIEF JUDICIAL MAGISTRATE COURT,
IRINJALAKKUDA.
ANNEXURE IV TRUE COPY OF THE REPORT OF THE INSPECTOR OF
POLICE , PUDUKKAD POLICE STATION DATED
28.12.2015.
ANNEXURE V TRUE COPY OF FINAL REPORT/CHARGE SHEET DATED
23.08.2016 AGAINST THE 1ST ACCUSED.
ANNEXURE VI CERTIFIED COPY OF FINAL REPORT FILED BY THE
INVESTIGATING OFFICER AGAINST THE PETITIONER
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, IRINJALAKUDA.
ANNEXURE VII TRUE COPY OF SCENE MAHAZAR.
ANNEXURE VIII TRUE COPY OF PHOTOGRAPHS OF THE ACCIDENT SITE
SHOWING THE CONCRETE PILLARS.
ANNEXURE IX TRUE COPY OF LETTER DATED 02.12.2011 ISSUED
BY THE INTERCONTINENTAL CONSULTANTS AND
TECHNOCRATS PVT.LTD.
ANNEXURE X TRUE COPY OF JUDGMENT DATED 30.07.2019 IN OP
(MV) 275 OF 2016 OF THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL PALAKKAD.
