IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 755 of 2010()
1. K.BHASKARAN, S/O.BOLAN, AGED 38 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.SHRIHARI RAO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 755 OF 2010
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Dated this the 15th day of February, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.68 of
2010 of Nileshwar Police Station.
2. The offence alleged against the petitioner is under Section
304 of the Indian Penal Code.
3. The prosecution case is that on 1.2.2010 at 7.30 PM, the
accused drove an Innova car in a rash and negligent manner, which
hit against two persons. They fell into a river and died. The
petitioner was arrested on 2.2.2010 and he was remanded to judicial
custody. As per the order dated 4.2.2010, the petitioner was
permitted to attend the wedding of his brother-in-law. He was
directed to report back before the Superintendent of Sub Jail,
Hosdurg at Kanhangad on 9.2.2010. It is submitted by the learned
counsel for the petitioner as well as by the learned Public Prosecutor
B.A. NO. 755 OF 2010
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that the petitioner has complied with the directions in the order dated
4.2.2010.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner.
5. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class-II,
Hosdurg, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays and
Thursdays for a period of two months and thereafter on
all Mondays, till the final report is filed or until further
orders;
b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
B.A. NO. 755 OF 2010
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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/