IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7254 of 2009 CRIME NO.1235 OF 2009 OF KUNDARA POLICE STATION, KOLLAM. PETITIONER/ACCUSED -------------------------------------- REGHUNATHAN, AGED 51 YEARS, S/O.JANARDHANAN NAIR, KALEEKKAL THODIYIL, CHERUMOODU CHEERY, PERINADU VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: --------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7254 OF 2009 ------------------------------------------------------ Dated this the 14th day of December, 2009 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.1235 of 2009 of Kundara Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 20.11.2009, the tipper lorry driven by the petitioner hit on a motor bike and the person who was riding the motor bike was injured. He was taken to the hospital. Later, he succumbed to the injuries. The petitioner was arrested on 22.11.2009 and he was remanded to judicial custody. The investigation has progressed much. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 7254 OF 2009 :: 2 :: 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 – I, Kollam, 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 ahz/