IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5838 of 2008() ----------------------------- CRIME NO.515/08 OF MULANTHURUTHY POLICE STATION .................... PETITIONER : ACCUSED --------------------------------- RADHAKRISHNAN, AGED 40 YEARS, S/O. BHASKARAN, PALLATHUPARAMBIL VEETTIL, KANAYANNOOR VILLAGE. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT: RESPONDENT ----------------------- STATE REPRESENTED BY S.I. OF POLICE, MULANTHURUTHY POLICE STATION, (CRIME NO. 515/2008) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.5838 of 2008 --------------------------------------------- Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 304 IPC. According to prosecution, the autorickshaw driven by the petitioner ran over a person who was lying on the road, on 30.8.2008 at about 7.30 p.m. 3. Petitioner was arrested on 1.9.2008 and he is in custody since then. Learned counsel for the petitioner submitted that the offence committed is only under Section 304A IPC. But to make the offence a non bailable one, offence under Section 304 IPC is included. 4. Learned public prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA No.5838/08 2 (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl