IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3751 of 2011() ----------------------------- CRIME NO.67/2011 OF POTHENCODE POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------------------- SUBIN RAJ, S/O.SUGATHA RAJ, MUDIPPURAVILA VEEDU, ADAPPINAKAM, MANJAMALA P.O., KEEZHUTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. --------------------------------- B.A.No.3751 of 2011 ---------------------------------- Dated this the 20th day of May, 2011 ORDER Petitioner is the accused in Crime No.67 of 2011 of Pothencode Police Station. It was registered under Section 304 Part II IPC. This application is for pre-arrest bail. 2. The gist of the allegation is that the petitioner being the driver of a tempo van bearing Registration No.KL 02 K 6498 drove the said vehicle with the knowledge that the act was likely to cause death of persons/road users and by his act, it hit a motor cycle and caused the death of two persons. The learned counsel for the petitioner submitted that it is only an accident and the offence may come only under Section 304A IPC. I am not entering any finding on that aspect now. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. B.A.No.3751/2011 2 4. Considering all these aspects, the following directions are issued. The petitioner will appear before the investigating officer on 27.5.2011 or 28.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail application filed by the petitioner will pas appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. ii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing B.A.No.3751/2011 3 such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of the concerned court without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl