IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2402 of 2008()
1. MOHAN, AGED 42,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R. BASANT, J.
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B.A.No. 2402 of 2008
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Dated this the 29th day of April, 2008
O R D E R
Application for regular bail. Petitioner is the driver of a
vehicle, which had gone into a procession of political activists,
resulting in injuries to many. Seven of them succumbed to the
injuries suffered. Allegations are now raised under Sections 304
and 308 I.P.C. The alleged incident took place on 27.3.2008 and
the petitioner was arrested on 28.3.2008. He continues in
custody from that date.
2. The learned counsel for the petitioner submits that the
petitioner is detained in custody unnecessarily. Investigation has
made substantial progress. At any rate, there are no elements of
the offences punishable under Sections 304 and 308 I.P.C. The
petitioner may be granted regular bail, it is prayed.
3. The matter is coming up for the fifth occasion today.
The learned Prosecutor prays for time. I am not persuaded to
grant any further time. I have gone through the order passed by
the learned Sessions Judge. I take note of the fact that the
B.A.No. 2402 of 2008
2
petitioner has been remaining in custody from 28.3.2008. I am
satisfied that the petitioner can now be enlarged on bail subject to
appropriate terms and conditions.
4. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.50,000/- (Rupees
fifty thousand only) with two solvent sureties each for the like sum to
be satisfaction of the learned Magistrate.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 12 noon on all
Mondays and Fridays for a period of two months and thereafter as and
when directed by the Investigating Officer in writing to do so.
(R. BASANT)
Judge
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