IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7146 of 2009 CRIME NO.483 OF 2009 OF IRITTY POLICE STATION, KANNUR PETITIONERS: ACCUSED 2 AND 3 ----------------------------------- 1. RAMSHEED @ KUTTAN, S/O. RAMACHANDRAN, AGED 21 YEARS, KANIYAL HOUSE, VILMANA AMSOM DESOM, KANNUR. 2. BINESH @ VARGHESE, S/O. CHACKO, AGED 37 YEARS, POTTAMPLAKKAL HOUSE, PAYYAVOOR AMSOM DESOM, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, IRITTY POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, ALONGWITH B.A.NO.7414 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7146 & 7414 OF 2009 ------------------------------------------------------ Dated this the 21st day of December, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.7146 of 2009 is filed by accused Nos.2 and 3 in Crime No.483 of 2009 of Iritty Police Station, Kannur District. B.A.No.7414 of 2009 is filed by the first accused therein. 2. The offences alleged against the petitioners are under Sections 304 and 109 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22.11.2009, all the three accused were driving a mini lorry in a rash and negligent manner, knowing fully well that such driving is likely to cause death of the pedestrians. The vehicle hit against students who were pedestrians and two of them died. The accused persons were arrested on 23.11.2009 and they were remanded to judicial custody. 4. It is stated that the investigation is at the final stage. B.A. NO. 7146 OF 2009 :: 2 :: 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 Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, subject to the following conditions: 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) 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/