High Court Kerala High Court

K.Bhaskaran vs The State Of Kerala on 15 February, 2010

Kerala High Court
K.Bhaskaran vs The State Of Kerala on 15 February, 2010
       

  

  

 
 
  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.
             ------------------------------------------------------
                       B.A. NO. 755 OF 2010
             ------------------------------------------------------
           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

:: 3 ::

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/