IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 3011 of 2009() -------------------------------------- CRIME NO.4191/2009 OF CITY TRAFFIC POLICE STATION, KOCHI PETITIONER/ACCUSED: -------------------------------------- SISHMON, S/O.SIVASANKARAN, AGED 21 YEARS, RESIDING AT KARUVELIPARAMBIL HOUSE, EAST OF NAMBOODIRI ACHAN TEMPLE, CHATHANATTU KARA, EZHIKKARA VILLAGE, PARAVUR. BY ADV. SRI.T.MADHU ADV. K.V. BINOD RESPONDENT/STATE: ------------------------------ THE STATION HOUSE OFFICER, CITY TRAFFIC POLICE STATION, KOCHI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3011 of 2009 ------------------------------------ Dated this the 9th day of June, 2009 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.4191/2009 of City Traffic Police Station, Kochi. 2. The offences alleged against the petitioner were originally under Sections 279 & 304(A) of the Indian Penal Code and Rule 133(a) read with Section 177 of the Kerala Motor Vehicles Rules. Later offence under Section 304 of the Indian Penal Code was also added. 3. The prosecution case is that on 13/5/2009, the petitioner who is a cleaner of a container lorry and who does not possess driving licence, drove a container lorry resulting in the death of a Surveyor of a Transporting Company, who was engaged in survey of another container lorry. The petitioner was arrested on 14/05/2009 and he is in judicial custody. The learned Public Prosecutor submitted that the investigation is almost over. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 3011/2009 2 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kochi 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, 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. 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 scm