CHENNAI: The Madras High Court on Tuesday refused bail to Ayshwarya Wilton, charged fatally knocking down a man while driving an Audi rashly in an inebriated mood and fleeing from the scene in the small hours of July 1 last.
“As the petitioner has approached this court without availing the alternative remedy available before the court below, this court is not inclined to render any findings in this matter for the present, as it may have an impact on the issue, when she approaches the lower Court,” Justice S Vaidyanathan said.
The judge disposed of the criminal original petition with liberty to the petitioner to move the trial court, which should take up the matter and decide the same in accordance with law, uninfluenced by this order.
Petitioner was arrested and remanded in judicial custody on July 2 for alleged offences punishable under Sections 279 and 304(2) IPC read with 185 of the Motor Vehicles Act on the file of the Guindy Traffic Police.
Petitioner’s case is that when she was proceeding in her car along with her friends from Chetpet towards ECR, after crossing Tidel Park, two people were seen crossing the road from the left to right, at about 3.45 a.m. While one had almost crossed over to the right side of the car and was near the median, the deceased was towards the left side of the car. The petitioner slowed down and the deceased stepped back and on seeing him step back, she had accelerated. Immediately, the deceased had started running towards the car and was hit by the left headlight of the vehicle. The petitioner tried her best to avoid by going as near as possible towards the median without hitting the other person. Immediately, calls were made from the mobile of her friend to 108 at around 4.19 a.m. The patrol police came and she was taken to Saidapet Hospital, wherein, she saw the doctor writing that she was not under the influence of alcohol. Thereafter, she was taken to Royapettah hospital and blood tests were taken.
Her counsel maintained that even assuming that the petitioner has consumed alcohol, definitely it would be less than the percentage prescribed.
Government Advocate (Crl. Side) submitted that there is no previous case against the petitioner and that she has approached this court without availing the alternative remedy available with the trial court.