'Prima Facie No Evidence For Drunken Driving': Kerala IAS Officer Gets Bail In Accident Death Case[Read Order]
5 years, 5 months ago

'Prima Facie No Evidence For Drunken Driving': Kerala IAS Officer Gets Bail In Accident Death Case[Read Order]

Live Law  

Sriram Venkatraman, IAS Officer, accused of rash driving which resulted in a death of a journalist has been granted bail by the First Class Judicial Magistrate, Thiruvananthapuram. Judicial Magistrate of first class of the Thiruvananthapuram District Court held that in order to substantiate a case of causing death by drunken driving under Section 185 of the Motor Vehicles Act and Section 304 of the Indian Penal Code, the prosecution has to prove that the alcohol content in the accused person's body exceeded 30mg/100ml blood. In the light of judgment of Kerela High Court in Sagimon alias Prakash v. State of Kerela, 2014 KHC586, it was held that the mere medical examination report alleging presence of smell of alcohol is not sufficient and only when alcohol content exceeding 30mg/100ml blood is detected by a breath analyser, can a person be prosecuted under the said provision. Thereby, it was held that the accused could not have had knowledge that his actions will result into a person's death and a case under Section 304 IPC was not made.

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History of this topic

Calcutta High Court Annual Digest: Part-III [Citations: 200-294]
1 day, 3 hours ago

Calcutta High Court Annual Digest: Part-III [Citations: 200-294]

Live Law  

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam Case Case: Ayan Sil v/s. Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High Court Case: MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw 264 On 22.11.2024, a Division Bench of the High …

Calcutta High Court Monthly Digest: December 2024
2 weeks, 1 day ago

Calcutta High Court Monthly Digest: December 2024

Live Law  

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam CaseCase: Ayan Sil v/s. Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High Court Case: MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw 264 On 22.11.2024, a Division Bench of the High Court …

'Has A History': High Court Denies Bail To 21-Yr-Old Booked For Rash Driving Which Claimed Nine Lives Last Year In Ahmedabad
3 weeks, 4 days ago

'Has A History': High Court Denies Bail To 21-Yr-Old Booked For Rash Driving Which Claimed Nine Lives Last Year In Ahmedabad

Live Law  

" The material available on record also indicates that there was sufficient light at the place of incident in the form of street lights and therefore, it prima facie appears that the applicant was in a position to notice the presence of the people on road from some distance. The report from the manufacturer of the car indicates that the …

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks
1 month ago

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

Live Law  

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304 IPC as a charge against the accused, instead of Section 304 for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304 is okay.SC. The Calcutta High Court on Monday stressed …

Yet another hit-and-run: Drunk driver held for knocking down, killing college prof in Virar
5 months, 1 week ago

Yet another hit-and-run: Drunk driver held for knocking down, killing college prof in Virar

Hindustan Times  

Mumbai: A 25-year-old man was arrested on Thursday night for allegedly striking and killing a college professor with his vehicle whilst under the influence of alcohol, police officials said. HT Photo {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} The incident occurred around 6:30 p.m. on Thursday when Atmaja Kasat, 45, was walking to her home in Virar, a suburb north of Mumbai. {{^usCountry}} …

Supreme Court Dismisses Kerala IAS Officer Sreeram Venkittaraman’s Plea Against Culpable Homicide Charge In Drunken Driving Case
1 year, 4 months ago

Supreme Court Dismisses Kerala IAS Officer Sreeram Venkittaraman’s Plea Against Culpable Homicide Charge In Drunken Driving Case

Live Law  

The Supreme Court on Friday dismissed Kerala IAS officer Sreeram Venkittaraman’s petition challenging the Kerala High Court’s order which resorted culpable homicide charge against him in the 2019 drunken driving case which led to the killing of a journalist named KM Basheer. On 13th April 2023, the Kerala High Court had set aside a Sessions Court order dropping culpable homicide …

Once Criminal Court Finds A Person Guilty Of Rash & Negligent Driving, Motor Accident Tribunal Can't Hold Driver Was Someone Else: Karnataka High Court
1 year, 8 months ago

Once Criminal Court Finds A Person Guilty Of Rash & Negligent Driving, Motor Accident Tribunal Can't Hold Driver Was Someone Else: Karnataka High Court

Live Law  

The Karnataka High Court recently said that once a competent criminal court has found the driver of an offending vehicle guilty and convicted him for charges of rash and negligent driving and causing death, findings of Motor Accidents Claim Tribunal that the driver of the car was another person, cannot be accepted. A single judge bench of Justice N S …

IAS officer must face culpable homicide trial for road accident that killed journalist: Kerala high court
1 year, 9 months ago

IAS officer must face culpable homicide trial for road accident that killed journalist: Kerala high court

Hindustan Times  

The Kerala high court on Thursday said Indian Administrative Service officer Sriram Venkitaraman should be tried for culpable homicide not amounting to murder in a 2019 accident case that led to the death of a journalist in Thiruvananthapuram. The Kerala high court said IAS officer Sriram Venkitaraman should be tried for culpable homicide in a 2019 accident case Setting aside …

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman
1 year, 9 months ago

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman

Live Law  

The Kerala High Court on Thursday set aside a Sessions Court order dropping culpable homicide charges against IAS Officer Sreeram Venkitaraman in the infamous road rage case. The Additional Sessions Court I, Trivandrum, dropped the charges under Section 304 which provides punishment for culpable homicide and Section 201, which penalizes causing disappearance of evidence of offence or giving false information, …

'Was Only A Co-Passenger Of Sriram Venkitaraman; Have Not Abetted The Offence': Wafa Firoz Tells Kerala High Court
1 year, 11 months ago

'Was Only A Co-Passenger Of Sriram Venkitaraman; Have Not Abetted The Offence': Wafa Firoz Tells Kerala High Court

Live Law  

The Kerala High Court on Tuesday heard the criminal revision petition filed by Wafa Firoz, the 2nd accused person in the 2019 rash driving case involving the IAS Officer, Sreeram Venkitaraman. However, the counsel pointed out that there was no record to indicate that the petitioner had abetted the commission of the offence by the 1st accused person. The petition …

Lucknow Court Frames Charges Against Siddique Kappan In PMLA Case
2 years, 1 month ago

Lucknow Court Frames Charges Against Siddique Kappan In PMLA Case

Live Law  

A court in Uttar Pradesh's Lucknow district has framed charges against Kerala journalist Siddique Kappan, and six others, in the Prevention of Money Laundering Act case under Sections 3 and 4 of the Act.Speaking to Live Law, lawyer Kuldeep Srivastava, who represented ED in the Court, confirmed that Charges have been. A court in Uttar Pradesh's Lucknow district has framed …

Kerala: Stay on order against IAS officer for journalist's death in accident case
2 years, 1 month ago

Kerala: Stay on order against IAS officer for journalist's death in accident case

Firstpost  

Justice Ziyad Rahman A A stayed for two months the order of the Sessions Court here, while accepting a criminal revision petition filed by the State government. Kochi: Kerala High Court on Friday stayed a lower court order dropping the culpable homicide charge against IAS officer Sreeram Venkitaraman, an accused in a road accident case that resulted in the death …

Kerala High Court Stays Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case
2 years, 1 month ago

Kerala High Court Stays Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case

Live Law  

The Kerala High Court on Friday stayed the order dropping culpable homicide charges IAS Officer Sreeram Venkitaraman in the 2019 rash driving case.Admitting State's appeal against the order passed by the Additional Sessions Court I, Trivandrum, Justice Ziyad Rahman A.A., said:"Considering the facts and circumstances of the case, I am inclined to pass an interim order. The Kerala High Court …

Kerala Govt Moves High Court Against Dismissal Of Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case
2 years, 1 month ago

Kerala Govt Moves High Court Against Dismissal Of Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case

Live Law  

The State Government has approached the Kerala High Court against the Additional Sessions Court I, Trivandrum order dismissing the culpable homicide charges against IAS Officer Sriram Venkitaraman and his friend, Wafa Firoz, in the alleged drunk driving case related to the death of journalist K.M. The Sessions Court, while dropping the charges under Section 304 which provides punishment for culpable …

Kerala Court Drops Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Road Rage Case
2 years, 2 months ago

Kerala Court Drops Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Road Rage Case

Live Law  

The Additional District and Sessions Court, Trivandrum, on Wednesday, dismissed the culpable homicide charges that were framed against IAS Officer Sriram Venkitaraman and his friend, Wafa Firoz, in an alleged drunken driving case leading to death of journalist KM Basheer in 2019.The Court was acting upon the discharge petition been filed by Venkitaraman, contending that there was no. The Additional …

Kerala HC Slams Police For Shoddy Probe In Sriram Venkatraman IAS Rash Driving Case; Refuses To Cancel Bail [Read Order]
5 years, 5 months ago

Kerala HC Slams Police For Shoddy Probe In Sriram Venkatraman IAS Rash Driving Case; Refuses To Cancel Bail [Read Order]

Live Law  

While dismissing the petition moved by Kerala Government to cancel the bail granted by Magistrate to Sriram Venkatraman IAS in the accident death case, the High Court of Kerala slammed the police for its glaring omissions in the probe.Justice Raja Vijayaraghavan termed the police investigation "shoddy and desultory" for failing to conduct timely breath analyzer test and blood test of …

Kerala IAS officer's drunken driving kills journalist at midnight
5 years, 5 months ago

Kerala IAS officer's drunken driving kills journalist at midnight

India Today  

A local journalist was killed after a speeding car driven by a Kerala cadre IAS official rams into his bike in the midnight at Thiruvananthapuram today. According to eyewitness, the over speeding car was being driven by Sriram Venkatraman, 2012 batch IAS officer and Director of Survey and Land Records along with a lady passenger. According to Manikuttan, an auto-driver …

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