High Court Kerala High Court

Radhakrishnan vs State Represented By S.I. Of … on 16 September, 2008

Kerala High Court
Radhakrishnan vs State Represented By S.I. Of … on 16 September, 2008
       

  

  

 
 
  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.
                  ---------------------------------------------
                         B.A.No.5838 of 2008
                  ---------------------------------------------
           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