IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7698 of 2008() ----------------------------- CRIME NO.984/08 OF PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED --------------------------- AJAYAKUMAR, AGED 37 YEARS, S/O. T.M. SOMAN, ANIL BHAVAN, THANNIMOODU, MURINJAKAL, ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE, KONNI. BY ADV. SRI.AJITH KRISHNAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI , J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 7698 OF 2008 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 23RD DAY OF DECEMBER , 2008 O R D E R In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the accused in Crime No.984/08 of Pathanamthitta Police Station for the offences punishable under Sections 279, 337 338 and 304A of Indian Penal Code, seeks his enlargement on bail. 2. The allegation against the petitioner is that on 2.12.2008 at about 7 am., the petitioner had driven a vehicle bearing registration No.KL-03-J 5119, a tempo van, through Kozhencherry-Pathanamthitta public road in a rash and negligent manner so as to endanger human life and had hit against one Jithin Nazar. As a result of the incident, the said Jithin Nazar succumbed to the injuries on the very same day at 2.15 p.m. and thereby the petitioner has committed the above offence. 3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. This application is not opposed by the learned Public Prosecutor. 4. The alleged incident occurred on 2.12.2008 and the petitioner also sustained injuries and was hospitalised from 2.12.2008 to 7.12.2008. Immediately after the discharge from the hospital, the petitioner was arrested on 7.12.2008 and remanded to judicial custody. Considering the facts and circumstances of the case, I find that continued detention of the petitioner in judicial custody is not B.A.NO.7698/08 2 necessary for the purpose of investigation of the present crime. Hence, this application is allowed. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Pathanamthitta and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays, till the investigation is over. 2. The petitioner shall make himself available for interrogation as and when required by the Police, till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. M.C.HARI RANI, JUDGE. dsn