IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5838 of 2008()
1. RADHAKRISHNAN, AGED 40 YEARS,
... Petitioner
Vs
1. STATE REPRESENTED BY S.I. OF POLICE,
... Respondent
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :16/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5838 of 2008
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Dated this the 16th day of September, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 304 IPC.
According to prosecution, the autorickshaw driven by the
petitioner ran over a person who was lying on the road, on
30.8.2008 at about 7.30 p.m.
3. Petitioner was arrested on 1.9.2008 and he is in
custody since then. Learned counsel for the petitioner submitted
that the offence committed is only under Section 304A IPC. But
to make the offence a non bailable one, offence under Section
304 IPC is included.
4. Learned public prosecutor submitted that he has no
objection in granting bail on conditions.
Hence, bail is granted to the petitioner on the following
terms and conditions:
(i) Petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
BA No.5838/08 2
(ii) Petitioner shall report before the Investigating Officer
on every Monday and Thursday between 10 a.m. and
1 p.m. until further orders.
(iii) Petitioner shall not commit any offence while on bail
and in case of breach of this condition, bail is liable to
be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl