IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7146 of 2009()
1. RAMSHEED @ KUTTAN,
... Petitioner
2. BINESH @ VARGHESE,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NOS.7146 & 7414 OF 2009
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Dated this the 21st day of December, 2009
O R D E R
These are applications for bail under Section 439 of the Code
of Criminal Procedure. B.A.No.7146 of 2009 is filed by accused
Nos.2 and 3 in Crime No.483 of 2009 of Iritty Police Station, Kannur
District. B.A.No.7414 of 2009 is filed by the first accused therein.
2. The offences alleged against the petitioners are under
Sections 304 and 109 read with Section 34 of the Indian Penal
Code.
3. The prosecution case is that on 22.11.2009, all the three
accused were driving a mini lorry in a rash and negligent manner,
knowing fully well that such driving is likely to cause death of the
pedestrians. The vehicle hit against students who were pedestrians
and two of them died. The accused persons were arrested on
23.11.2009 and they were remanded to judicial custody.
4. It is stated that the investigation is at the final stage.
B.A. NO. 7146 OF 2009
:: 2 ::
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners.
6. The petitioners shall be released on bail on their executing
bond for Rs.25,000/- each with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Mattannur, subject to the following conditions:
a) The petitioners shall report before the investigating
officer between 9 A.M. and 11 A.M. on all Mondays,
till the final report is filed or until further orders;
b) The petitioners shall appear before the investigating
officer for interrogation as and when required;
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners shall not commit any offence or indulge
in any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
(K.T.SANKARAN)
Judge
ahz/