IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1567 of 2010() --------------------------------- CMP.2923/2010 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 426/2010 OF KOTTARAKKARA POLICE STATION .................... PETITIONER/THRID ACCUSED: ------------------------------------- BIJOY, S/O.BABU, PADINGATTATHIL VEEDU, THEVALAPPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.SYAM J SAM RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No.1567 of 2010 ------------------------------------ Dated this the 24th 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 accused in Crime No. 426/2010 of Kottarakara 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 20.02.2010, the accused person drove an autorickshaw in a drunken state and hit against one Janardhanan Pillai and his two grand children. Janardhanan Pillai died on 28.02.2010, as a result of the accident. The grand children of Janardhanan Pillai also sustained injuries. 4. The petitioner was arrested on 21.02.2010 and he was remanded to judicial custody. 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 investigation, I am of the view that bail can be granted to the petitioner. B.A. No.1567 of 2010 2 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-I, Kottarakara 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, 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 ln