IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6191 of 2008() ----------------------------- CMP.5074/2008 of J.M.F.C.-V,KOZHIKODE CRIME NO.2957/08 OF KOZHIKODE CITY TRAFFIC POLICE STATION PETITIONER/ACCUSED -------------------------------------- MAJEED M. AGED 46 YEARS, S/O. MOHAMMED, KATTAYTTUPARAMBIL HOUSE, CHELAVOOR P.O. MOOZHIKKAL BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOZHIKODE CITY TRAFFIC POLICE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6191 of 2008 ----------------------------------------- Dated this the 6th October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 304 of Indian Penal Code. According to prosecution, on 19.9.2008 at about 9.30 PM, the accused drove a bus with the knowledge in such a way that it is likely to cause death of others and because of such driving, one motorcyclist sustained injuries and succumbed to death. 3. Learned Public Prosecutor submitted that the bus hit against a mini lorry, which again hit against a car, and the car hit on the motorcycle, and the motorcyclist succumbed to the injuries sustained. The petitioner was arrested on the next day on 20.9.2008. 4. Learned counsel for petitioner submitted that the offence is only under Section 304A IPC which is a bailable offence. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: BA.6191/08 2 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. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Thursday between 8 AM and 11 AM until further orders. iii). Petitioner shall not drive vehicles for two months from today. iv). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.