IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5835 of 2009() -------------------------------------- CRIME NO.460/2009 OF OACHIRA POLICE STATION. .......... PETITIONER (S)/ ACCUSED ---------------------------- M.SANKAR REDDIAR @ BABU, ATTATHUPARAMBIL VEETIL ARYAD THEKKUM MURI, AVALAKKUNNU WARD, ALAPPUZHA ADDRESS ERRONEOUS SHOWN AS SANKAR @ BAIJU, JAGADA SADANAM,THATHAMPALLICHERIL, MULLAKKAL VILLAGE, ALAPPUZHA. BY ADV. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): STATE AND COMPLAINANT ------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5835 of 2009 ------------------------------------ Dated this the 14th day of October, 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.460/2009 of Oachira Police Station. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 10/9/2009 at 5.40 P.M, the Mini lorry driven by the petitioner hit against four ladies and they sustained injuries. One of the ladies died of the accident. The petitioner was arrested on the same date itself. He was examined by the doctor at 8 P.M.. The doctor opined that the petitioner was under the influence of alcohol. 4. The petitioner filed B.A. No.5418/2009 under Section 439 of the Code of Criminal Procedure. That application was dismissed by the order dated 30/9/2009. The investigation has progressed thereafter. 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 B.A. No. 5835/2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not enter into the limits of Oachira Police Station for a period of two months, except for complying with condition Nos. A and B. 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 scm