IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 3166 of 2010() ----------------------------- CRMP.2854/2010 of J.M.F.C.-II,THRISSUR CRIME NO.353/10 OF ANTHIKKAD POLICE STATION, THRISSUR. (S): PETITIONER/ACCUSED -------------------------------------- SUDHARSAN, AGED 21 YEARS, S/O. LATE SUNIL, KARATTUPARAMBIL HOUSE, PERINGOTTUKARA, VENDARA DESOM, THANNYAM VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 3166 of 2010 --------------------------------------------------- Dated this 28th day of May, 2010. ORDER Petition for bail. 2. The alleged offences are under Sections 279, 337 and 304 of Indian Penal Code and Section 185 of the Motor Vehicles Act. According to prosecution, petitioner, on 12.5.2010 at about 6.45 p.m., drove a car in a rash and negligent manner and committed culpable homicide by hitting against a motor cycle. Two persons died in the accident. Petitioner was arrested on 13.5.2010. 3. Learned counsel for petitioner submitted that petitioner is an MBA student at Coimbatore. He is aged only 21 years. One of the deceased is his own friend. Petitioner is in custody for the past 15 days. Strictly speaking, offence alleged will be under Section 304A, which is a bailable offence, but what is included is one under Section 304 IPC. 4. Learned Public Prosecutor submitted that two lives were taken away and the offence alleged is under Section 304 IPC and not 304A IPC. However, taking into account the stage of investigation, he has no objection in granting bail but stringent condition may be imposed, it is submitted. [B.A.No.3166/2010] 2 5. On hearing both sides, I am satisfied that bail can be granted on stringent conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties each for the like sum to the satisfaction of learned Magistrate (out of this, one surety shall be the guardian of petitioner whether he is solvent or not) and other sureties shall be solvent on the following conditions: (i) petitioner shall report before the Investigating Officer on every Sunday between 10 a.m. and 1 p.m. until further orders. (ii) petitioner shall produce his driving licence before the Magistrate court concerned within 7 days and he shall not drive any vehicle until further orders. (iii) In case petitioner is involved in similar offence, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.