IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 755 of 2010 CRIME NO.68 OF 2010 OF NILESHWAR POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- K.BHASKARAN, S/O.BOLAN, AGED 38 YEARS, KANIYAMBADI, PALLIKARA II VILLAGE, BEKAL PO.- 671318, KASARAGOD DISTRICT. BY ADV. SRI.K.SHRIHARI RAO RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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 :: 2 :: 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/