IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Bail Appl..No. 442 of 2010() ---------------------------- CRIME NO.843/2009 OF HOSDURG POLICE STATION. PETITIONER/ACCUSED: ---------------------------------------- HASHIM, S/O.ABOOBACKER, THAIKKADAPPURAM. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 442 of 2010 ------------------------------------ Dated this the 2nd day of February, 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 accused in Crime No. 843/2009 of Hosdurg 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 23/12/2009, the accused drove his car in a drunken state, hit against a pedestrian, who died as a result of the injuries sustained in the accident. The petitioner was arrested on 24/12/2009 and he was remanded to judicial custody on 25/12/2009. 4. 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 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like B.A. No. 442 / 2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday for one month and thereafter on alternate Mondays, 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 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 scm