Lokmat News Network (Nagpur)
After the district and sessions judge R S Bhosle (Patil) rejected the pre-arrest bail application filed by Ritika alias Ritu Dinesh Malu, who is accused of driving the Mercedes car that killed two people on Ram Jhula in February, has moved the Nagpur Bench of Bombay High Court for seeking anticipatory bail. The High Court is likely to hear the petition on Tuesday.
A resident of Deshpande Layout Malu has filed an application before a vacation bench for seeking anticipatory bail in the offence registered against her under section 304 of IPC at Tehsil police station, informed Adv Prakash Jaiswal, counsel for Malu.
Ritika Malu is an accused in an offence of drunk driving and causing death of Mohmmad Hussain Gulam Mustafa (34), a resident of Nall Sahab Square, Mominpura and Mohammad Atif Mohammad Joya (32) of Jafar Nagar on the night of February 24, 2024.
Following the accident, Malu and her friend Madhuri Shishir Sarda (37) who was accompanying her, had fled from the accident spot, it is alleged in the complaint. However, both women later surrendered and were arrested. Tehsil police had registered a case under section 279, 338, 304 (a) of the IPC along with section 184 of Motor Vehicle Act.
Initially police had registered an offence under section 304 (a) which was a bailable offence. Therefore Malu was granted bail by the JMFC court. Subsequently, when the blood sample report revealed that Malu was driving the car under the influence of alcohol, police added section 304 of IPC in the FIR.
The police had approached the JMFC, which granted the anticipatory bail, to inform it about the added section of 304 in the case. Police also sought custody of the accused Malu. However, the JMFC had rejected the application.Meanwhile, accused Malu filed an application before the district and sessions court seeking anticipatory bail in the added non-bailable offence of Sec 304. The court rejected her application.
Malu's lawyer Prakash Jaiswal claimed that the police had completed the investigation in the accident case. The police had recorded Malu's statement and also of her family members and eye witnesses. They have also collected enough evidence against Malu and therefore there is no need for her custodial interrogation, he said. The police have returned the car and collected samples from the accident spot. There is nothing to be recovered from Malu and hence the bail application has been filed before the High Court, he stated.