Kerala HC upholds IAS officer’s bail order

TRIVANDRUM: The Kerala High Court (HC) on Wednesday refused to allow an interim stay on the order of a lower court releasing Indian Administrative Service (IAS) officer Sreeram Venkitaraman, accused of drink driving causing the death of journalist K Mohammed Basheer.

The state government moved the HC saying he had misled the police, destroyed evidence and conspired with doctors to prevent examination of his blood sample immediately ater his speeding car crashed into the bike of the journalist.

Justice Raja Vijayaraghavan of the HC, who posted the case for detailed arguments on Friday, rebuffed the state’s pleader wondering if it was the duty of the accused to produce evidence.

He also asked why there were no surveillance cameras on the high-security stretch of the road in the state capital where the accident had occurred killing him instantly.

The Thiruvananthapuram District Court judge A Aneesa had held that the prosecution has to prove that the alcohol content in his body exceeded 30mg/100ml blood in sustaining drink driving charges against the IAS officer.

The prosecution had argued that the medical certificate issued ater his examination had stated positive results for alcohol smell. The HC wondered if there were no breath analyser at the police station where they took him to immediately ater the crash.

The officer’s lawyer had argued that the police had conducted no breath analyser test was done on him to establish the same and that mere consumption of liquor was not sufficient to make a case of intoxication.

The judge held that the accused could not have known that his actions will result in death. Consequently, she dropped charges under Section 304 of the Indian Penal Code for culpable homicide and made applicable 304 (a) which is for causing death by negligence.

Chief Minister Pinarayi Vijayan it was only the officer who says he was not drunk and the eyewitnesses had stated otherwise. He said a panel of officers was looking into the entire episode ater keeping him under suspension, including mistakes in the police report.

“We won’t allow anybody to dilute the case. Avoiding blood test and breath analysis and allowing him to go and get admited to a private hospital are being looked into,” he told reporters here ater a cabinet meeting.