IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10451 of 2011() ------------------------------ CMP.9722/2011 of J.M.F.C.-II,NEYYATTINKARA Crime No.1256 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. .................... PETITIONERS ------------------------------ 1. MOHANAKUMAR, S/O.NADARAJAN,AGED 47 YEARS, PANDARAVILAKOM MELE PUTHEN VEEDU, KAZHIVOOR DESOM,KANJIRAMKULAM THIRUVANANTHAPURAM 2. SIVADASAN, S/O.KRISHNAN, OTTARA SIVA NIVAS, KARICHAL DESOM, KANJIRAMKULAM VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10451 OF 2011 --------------------------------- Dated this the 20th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1256 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. 2.The offence alleged against the petitioners is under Section 304 read with 34 of the Indian Penal Code. 3.It is submitted by the learned counsel for the petitioners that the crime was originally registered under Section 304-A, and it was converted into an offence under Section 304 read with 34 of the Indian Penal Code. 4.The prosecution case is that on 8.12.2011, accused No.1 drove an Ambassador car in a drunken state and also in B.A.No.10451 OF 2011 2 a rash and negligent manner and hit on a pedestrian, namely, Wilson. Thereafter, the car hit on one Susmitha, aged 17 years, who sustained serious injuries. She succumbed to the injuries. It is alleged that accused No.2, the owner of the vehicle was also in a drunken state. The petitioners were arrested on 8.12.2011 and they were remanded to judicial custody. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: B.A.No.10451 OF 2011 3 A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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 cms