IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3166 of 2010()
1. SUDHARSAN, AGED 21 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :28/05/2010
O R D E R
K. HEMA, J.
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B.A. No. 3166 of 2010
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Dated this 28th day of May, 2010.
ORDER
Petition for bail.
2. The alleged offences are under Sections 279, 337 and
304 of Indian Penal Code and Section 185 of the Motor Vehicles
Act. According to prosecution, petitioner, on 12.5.2010 at about
6.45 p.m., drove a car in a rash and negligent manner and
committed culpable homicide by hitting against a motor cycle. Two
persons died in the accident. Petitioner was arrested on 13.5.2010.
3. Learned counsel for petitioner submitted that petitioner is
an MBA student at Coimbatore. He is aged only 21 years. One of
the deceased is his own friend. Petitioner is in custody for the
past 15 days. Strictly speaking, offence alleged will be under
Section 304A, which is a bailable offence, but what is included is
one under Section 304 IPC.
4. Learned Public Prosecutor submitted that two lives were
taken away and the offence alleged is under Section 304 IPC and
not 304A IPC. However, taking into account the stage of
investigation, he has no objection in granting bail but stringent
condition may be imposed, it is submitted.
[B.A.No.3166/2010] 2
5. On hearing both sides, I am satisfied that bail can be
granted on stringent conditions. Hence, the following order is
passed:
Petitioner shall be released on bail on his executing
a bond for Rs.25,000/- (Rupees Twenty five thousand
only) with three sureties each for the like sum to
the satisfaction of learned Magistrate (out of this,
one surety shall be the guardian of petitioner
whether he is solvent or not) and other sureties shall
be solvent on the following conditions:
(i) petitioner shall report before the Investigating
Officer on every Sunday between 10 a.m. and
1 p.m. until further orders.
(ii) petitioner shall produce his driving licence
before the Magistrate court concerned within
7 days and he shall not drive any vehicle until
further orders.
(iii) In case petitioner is involved in similar offence,
bail is liable to be cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Krs.