IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1780 of 2010() ----------------------------- CRIME NO.2338/2010 OF CITY TRAFFIC WEST POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- LT.COL.(RETD).DEBASHIH CHOWDHARY, S/O.K.C.CHOWDHARY, AGED 62 YEARS,EDAMANAM HOUSE, ELAMAKKARA. BY ADV. SRI.K.R.VINOD RESPONDENT(S): COMPLAINANT\ --------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1780 of 2010 --------------------------------------------- Dated this the 30th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.2338 of 2010 of City Traffic West Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 7.3.2010, at 2.15 P.M., the accused drove a car in an intoxicating state and hit against a couple, who were engaged in purchasing some fancy electrical lights from the side street. The deceased sustained serious injuries and he died on 8.3.2010. The wife of the deceased and the vendor of fancy electrical lights sustained injuries. 4. The petitioner was arrested on 7.3.2010 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted the following: The petitioner is a retired Lieutenant Colonel. He had participated in the Blue Star Operation in the year 1984 and in the Kargil operation. The petitioner secured several awards BA No.1780/ 2010 2 and medals for the excellent service in the army. The petitioner is aged 62 years. He had undergone a hip replacement surgery. 6. Taking into account the facts and circumstances of the case, the age and illness of the petitioner and all other attendant circumstances, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate (Economic Offences) Ernakulam, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl