Worli jogger accident: Court rejects Sumer Merchant’s bail plea

Merchant had applied for bail through his counsel claiming that it was a simple accident and a case under section 304A of the Indian Penal Code - causing death by negligence, and the severe charge of culpable homicide not amounting to murder under 304(II) of the IPC was not applicable to him

MUMBAI: The metropolitan magistrate court in Dadar on Monday rejected the bail plea of 23-year-old Sumer Merchant, arrested for running over 58-year-old jogger Rajalakshmi Vijay Ramakrishnan in Worli Sea Face on March 19, while driving under influence of alcohol.

Mumbai, India - March 20, 2023: Accused Sumer Dharmesh Merchant (23) (Black T-shirt) produced before the Bhoiwada Court by Mumbai police, in the accident case that hit 58-year-old Rajalakshmi Vijay, CEO of a tech firm by his speeding car while jogging along Worli sea face early on Sunday, killing her on the spot, in Mumbai, India, on Monday, March 20, 2023. (Photo by Bhushan Koyande/HT Photo) (HT PHOTO)

Merchant had applied for bail through his counsel claiming that it was a simple accident and a case under section 304A of the Indian Penal Code - causing death by negligence, and the severe charge of culpable homicide not amounting to murder under 304(II) of the IPC was not applicable to him. His lawyer also claimed that the jogger was running in the middle of the road and due to a sharp curve Merchant could not see her.

The public prosecutor opposed the plea, arguing that it was “serious crime” and the maximum punishment under 304(II) of the IPC is imprisonment for life. He knew his such negligent acts could result in somebody’s death and despite that he drove the vehicle under the influence of intoxication. The police have already added section 185 of the MV Act for drunk driving against him.

Appearing for Vijay Ramakrishnan, husband of the deceased, advocates Hemant Ingle and Samrat Ingle argued that the magistrate court had no jurisdiction to hear the bail plea as a charge under section 304(II) of the IPC was applied. The accused was drunk and knew that his negligent act could result in an accident. His friend had warned him to not drive the car despite that he decided to drop her off.

After hearing all three, metropolitan magistrate SP Bhosale, rejected the bail plea. The court said the detailed order will become available on Tuesday.

Tardeo resident Merchant’s Tata Nexon EV had hit and killed on the spot Rajalakshmi Ramakrishnan alias Raji near Worli Dairy while jogging on the Northbound lane. Raji was the chief executive officer of the Business of Altruist Technologies Pvt Ltd, which has over 14,000 employees, 32 clients, and 17 delivery centres spread across India, Africa, and the UAE.

Merchant works with an event management company associated with Bollywood.