Driver Accused In Fatal Drunk-Driving Crash Gets Bail As Kerala HC Orders Section 19 Licence Action Considered In Prima Facie Intoxication-Linked Crashes

The applicant, the sole accused in Crime No. 1273/2026 of Kunnamkulam Police Station, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

He was accused of driving a car under the influence of alcohol and colliding with a motorcycle, causing the rider’s death; the alleged offences were under Section 105 of the Bharatiya Nyaya Sanhita, 2023 and Section 185 of the Motor Vehicles Act, 1988.

The breath analyser recorded 86 mg of alcohol per 100 ml of blood, above the prescribed limit of 30 mg per 100 ml.

The investigation was almost complete, and the applicant had no criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the basis for the High Court’s consideration of regular bail; the Court assessed the need for continued custody in light of the investigation’s progress and the applicant’s antecedents.

Section 19(1)(c) of the Motor Vehicles Act permits the Licensing Authority, after a hearing, to disqualify a licence-holder or revoke the licence if satisfied that the holder used a motor vehicle in committing a cognizable offence; a criminal conviction is not a prerequisite (Peethambaran T.R. v. Additional Licensing Authority, 2012 (3) KLT 622; Sijo Joseph v. Transport Commissioner, 2020 (1) KHC 321).

Section 19(1)(f), read with Rule 21 of the Central Motor Vehicles Rules, 1989, also permits action for prescribed acts constituting nuisance or danger to the public.

The Court referred to road-safety directions of the Supreme Court Committee on Road Safety and Anoop v. State of Kerala, 2019 (4) KLT 615, concerning referral of driving licences for consideration of disqualification in cases including drunken driving.

It also referred to S. Rajaseekaran v. Union of India, (2014) 6 SCC 36, and Re: Phalodi Accident v. National Highways Authority of India, 2026 SCC OnLine SC 646, on road safety and the State’s obligations.

Although the prosecution alleged that the applicant, with an alcohol reading substantially above the permissible limit, caused a fatal collision, the Court found that the investigation was almost complete and that he had no criminal antecedents; continued custody was therefore not required for investigation, subject to strict bail conditions.

Separately, the Court held that the Licensing Authority’s statutory power under Section 19 did not depend on the outcome of the criminal proceedings.

Given the prima facie allegation of intoxicated driving and the absence of any steps to initiate licence proceedings, the Court directed referral of the licence and relevant records for the Authority’s independent consideration, with observance of natural justice.

The Investigating Officer was directed to forward the applicant’s driving licence and relevant records to the competent Licensing Authority, which was to proceed under Section 19(1) of the Motor Vehicles Act in accordance with law and the principles of natural justice.

A copy of the order was also directed to be sent to the Transport Commissioner, Kerala.