IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9992 of 2011() ----------------------------- CRIME NO.1200/2011 OF CHADAYAMANGALAM POLICE STATION PETITIONER : ACCUSED ------------------------------ RAFEEQ,AGED 20 YEARS, S/O.MUSTHAFA,RAFI MANZIL, PADINJATTATHIL,ILAMBAZHANNOOR MURI, KADAKKAL VILLAGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNMAKULAM PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9992 of 2011 --------------------------- Dated this the 7th day of December, 2011 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.1200 of 2011 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 279 and 304 of the Indian Penal Code, Section 3(1) read with Section 181 of the Motor Vehicles Act and Rule 92 read with Rule 177 of the Motor Vehicles Rules. 3. The prosecution case is that on 12.10.2011, the accused, without any valid driving license, drove a goods autorickshaw in a rash and negligent manner and with a great speed. The autorickshaw hit on two school going girls, who were pedestrians. One of the injured succumbed to the injuries even before reaching the hospital and the other died after she was admitted in the hospital. The petitioner was arrested on BA 9992/11 2 20.10.2011 and he was remanded to judicial custody. 4. Bail Application No.9291 of 2011 filed by the petitioner was dismissed by the order dated 16.11.2011. 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 investigation, 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 ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakkara, 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 for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; BA 9992/11 3 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 csl