Whether Bicycle rider can be prosecuted for offences U/S 279, 338 and 304A IPC?

According to the petitioner, he was only a cyclist,

who was pedalling a bicycle, which allegedly hit on the

motor bike and, therefore, he can only be termed as a

pedestrian on the road. The further argument is that as the


cycle was not automatically propelled, offences under

Sections 279, 338 and 304A IPC will not lie. The allegation

against the petitioner is that all of a sudden, he came by

pedalling a bicycle from the pocket road to the main road

and caused the same to hit on the motor bike that was being

ridden    by    the   deceased     through    the main   road.

Consequently, he suffered extensive injuries and he died.
It cannot be said that in such a case, the offences

under Sections 279, 338 and 304A IPC will not lie.            If

proved, the said offences will lie even against a cyclist. If a

pedestrian is causing such an accident, the offence under

Section 279 IPC will not lie. At the same time, in such case,

the other two offences will lie.         Matters being so, this

Crl.M.C. is too premature and the same is only to be

dismissed and, I do so. 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                         THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

              MONDAY,THE 28TH DAY OF SEPTEMBER 2015

                                           Crl.MC.No. 3021 of 2015 ()
                                            

            JAMALUDHEEN C.G., 
Vs
         THE STATION HOUSE OFFICER, MINICOY POLICE STATION,
      

           Petitioner is the accused in CC No.13/2014 of the

Judicial First Class Magistrate's Court, Androth, which has

arisen from Crime No.6/2006 of Minicoy Police Station.

Originally, the crime was registered for the offences

punishable under Sections 279 and 338 IPC.   Later, the

rider of the motor bike died while undergoing treatment at

the hospital in connection with the accident in question and

consequently, the offence under Section 304A IPC is also

incorporated.

     2.    According to the petitioner, he was only a cyclist,

who was pedalling a bicycle, which allegedly hit on the

motor bike and, therefore, he can only be termed as a

pedestrian on the road. The further argument is that as the


cycle was not automatically propelled, offences under

Sections 279, 338 and 304A IPC will not lie. The allegation

against the petitioner is that all of a sudden, he came by

pedalling a bicycle from the pocket road to the main road

and caused the same to hit on the motor bike that was being

ridden    by    the   deceased     through    the main   road.

Consequently, he suffered extensive injuries and he died.

      3. It cannot be said that in such a case, the offences

under Sections 279, 338 and 304A IPC will not lie.            If

proved, the said offences will lie even against a cyclist. If a

pedestrian is causing such an accident, the offence under

Section 279 IPC will not lie. At the same time, in such case,

the other two offences will lie.         Matters being so, this

Crl.M.C. is too premature and the same is only to be

dismissed and, I do so.

      In the result, this Crl.M.C. is dismissed.

                                              Sd/-
                                     (B.KEMAL PASHA, JUDGE)

Print Page