IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4531 of 2009() ---------------------------------------- CMP.7850/2009 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.465/2009 OF CHADAYAMANGALAM POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- SATHEESAN,S/O.THANKAPPAN,PALAMALA PUTHENVEEDU,NEAR KALATHOOR TEMPLE,KALATHOOR MURI AND VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT : ------------------------------ STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM(CRIME 465 OF 2009 OF CHADAYAMANGALAM POLICE STATION) SRI TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4531 of 2009 ------------------------------------ Dated this the 17th day of August, 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. 465/2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 279, 337, 338 and 304 of the Indian Penal Code. 3. On 11/7/2009, the petitioner was driving a Maruti Alto Car. According to the prosecution, he was driving the vehicle in a rash and negligent manner. The vehicle hit against several persons. Four persons died as a result of the accident. The petitioner was arrested on 12/07/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the investigation is at the final stage. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No.4531/2009 Page numbers petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara subject to the following conditions:- A) The petitioner shall surrender the driving licence before the court of Judicial Magistrate of the First Class -II, Kottarakara, if the the driving licence was not seized. If the driving licence was seized, it shall be produced before the court by the investigating officer and shall be kept in custody of the court till the trial of the case is over. B) The petitioner shall not enter the limits of Chadayamangalam Police Station for a period of one month from today except for complying with condition Nos. C and D. C) 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. D) The petitioner shall appear before the Investigating Officer for interrogation as and when required. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No.4531/2009 Page numbers F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. K.T. SANKARAN, JUDGE scm