IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2395 of 2008 ------------------------------------- (AGAINST THE ORDER DATED 7TH APRIL, 2008 IN CRL. MC NO. 525/2008 OF SESSION'S COURT, ERNAKULAM) ........................................... PETITIONER/ ACCUSED ---------------------------------- STANLY,S/O. GEORGE, PADMATTUNGAL (H) KUNJITHANNI, BAISONVALLEY, UDUMBACHOLA, IDUKKI. BY ADV. SRI.REJI JOSEPH RESPONDENTS/ RESPONDENT ------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2395 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Sections 304 and 308 I.P.C. The crux of the allegations is that the petitioner drove a vehicle under the influence of alcohol, unable to take care of himself and in the course of such incident caused the death of persons who were passing by. Three persons suffered injuries of which two succumbed to the injuries. The petitioner was arrested on 23/3/2008. He continues in custody from that date. The learned counsel for the petitioner submits that the petitioner is innocent. He may now be enlarged on bail. 2. The learned Public Prosecutor does not oppose the application on condition that the investigating officer is granted reasonable further time to complete the investigation. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted regular bail subject of course to the request of the learned Public Prosecutor that the investigating officer may be given reasonable further time. 3. This petition is accordingly allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.2395/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 09/05/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) 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 from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2395/08 3 B.A.No.2395/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007