IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 322 of 2010() ---------------------------- CMP.45/2010 of J.M.F.C.-I, MAVELIKKARA .................... (CRIME NO.510/09 OF MAVELIKKARA POLICE STATION) PETITIONER/ACCUSED NO.2: ------------------------------------------- HARIKUMAR @ HARIDAS S/O. GOPINADHA PILLAI, CHITTOOR PADEETTATHIL MUTTOM MURI, CHEPPAD VILLAGE. BY ADV. MR.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 322 of 2010 ------------------------------------ Dated this the 25th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.510 of 2009 of Mavelikara Police Station. 2. The offences alleged against the petitioner are under Sections 279, 337 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20/11/2009, the tipper lorry driven by accused No.1 in a rash and negligent manner tried to overtake the tipper lorry driven by accused No.2, which was also being driven in a rash and negligent manner and in that process, the tipper lorries collied with each other. In that incident, the de facto complainant, a pedestrian sustained injuries. She was admitted in the hospital. 4. The petitioner surrendered before court on 4/1/2010 and he was remanded to judicial custody. The learned Magistrate dismissed the Bail Application filed by the petitioner, by the order dated 6/1/2010. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 322/ 2010 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Mavelikara 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