IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2402 of 2008() ----------------------------- CRIME NO. 94/2008 OF POTHANIKADU POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- MOHAN, AGED 42, S/O.KRISHNANKUTTY, OLIKKAL HOUSE, WEST PUNNAMATTOM, NEAR MUVATTUPUZHA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, POTHANIKADU P.S.(CRIME NO.94/08) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2402 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for regular bail. Petitioner is the driver of a vehicle, which had gone into a procession of political activists, resulting in injuries to many. Seven of them succumbed to the injuries suffered. Allegations are now raised under Sections 304 and 308 I.P.C. The alleged incident took place on 27.3.2008 and the petitioner was arrested on 28.3.2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is detained in custody unnecessarily. Investigation has made substantial progress. At any rate, there are no elements of the offences punishable under Sections 304 and 308 I.P.C. The petitioner may be granted regular bail, it is prayed. 3. The matter is coming up for the fifth occasion today. The learned Prosecutor prays for time. I am not persuaded to grant any further time. I have gone through the order passed by the learned Sessions Judge. I take note of the fact that the B.A.No. 2402 of 2008 2 petitioner has been remaining in custody from 28.3.2008. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm