This story is from May 26, 2009

Driver who ran over senior citizen gets bail

The family of senior citizen K Narayanswami Iyer is unhappy that the person whose rash act led to his death is already out on bail.
Driver who ran over senior citizen gets bail
MUMBAI: The family of senior citizen K Narayanswami Iyer is unhappy that the person whose rash act led to his death is already out on bail. Iyer (68), a retired execute residing in Malad was waiting on a divider to cross the Goregaon Link Road when 20-year-old Kritika Kapoor__fresh out of driving school__banged her Maruti car into him and three other pedestrians on Saturday night.
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A pole lying nearby pierced Iyer's chest and he later succumbed to the injuries.
A student, Kapoor, had swerved to avoid a biker who had suddenly overtaken her. The police arrested her on the spot for `causing death by negligence' under Section 304(a) of the Indian Penal Code, an offence which is bailable. She was released early the next morning by the police after being detained overnight.
"There has to be some kind of strict action. Will people continue to run over pedestrians and get out of custody in a few hours?'' asked Iyer's son, Vivek.
Iyer was returning from a temple when the accident occured. Iyer's wife and Kapoor's kin, incidentally, teach in the same college at Goregaon.
Three other pedestrians__Benny Anthony, Ramesh Shinde and Vireshwar Shrivastav__were also injured but their condition is stable.
"Section 304 (a) IPC is itself bailable. There has been public debate over making it a non-bailable after the BMW accident case, but it's not so yet,'' said advocate Majeed Memon, adding that the police are vested with further discretionary powers for granting bail in case of women, sick and old people.
Kapoor told police officials that she would never be able to put the incident behind her. Neighbours said her house has been locked since Sunday night. She was returning from Powai with her sister when the accident took place.
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About the Author
Nitasha Natu

Nitasha Natu is a Senior Assistant Editor with the Times of India and writes on gender, human rights, road safety and law enforcement. She has received the Laadli Media & Advertising Award for Gender Sensitivity in 2021. She tweets @nnatuTOI

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