IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 118 of 2010 CRIME NO.1544 OF 2009 OF KARUNAGAPPALLY POLICE STATION, KOLLAM PETITIONER/ACCUSED: --------------------------------------- SIDDHESWARAN, S/O.RAJAMANIKYAM, HOUSE NO.370, CHENDAMANGALAM.P.O., GANDHIPURAM EAST, NAMAKKAL DISTRICT, TAMIL NADU. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENTS: COMPLAINANT & STATE: ----------------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, CRIME DETACHMENT, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. DIRECTOR GENERAL OF PROSECUTION SRIU.V.G.GOVINDAN NAIR PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, ALONG WITH BA NO.446 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.118 & 446 OF 2010 ------------------------------------------------------ Dated this the 27th day of January, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.118 of 2010 is filed by accused No.1, while B.A.No.446 of 2010 is filed by accused No.2 in Crime No.1544 of 2009 of Karunagappally Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 279, 337, 338 and 304 of the Indian Penal Code. 3. The prosecution case is that on 31.12.2009, the first accused drove the tanker lorry owned by the second accused, in a rash and negligent manner and hit against a car. The lorry capsized. Liquefied Petroleum Gas was inside the tanker lorry. There was leakage of gas. As a result of leakage of gas, a fire accident took place. Eleven persons died in the accident and seven other persons were injured. Only after the concerted efforts made by the police personnel, personnel of the fire stations and the local public, the fire could be extinguished. B.A. NOS.118 & 446 OF 2010 :: 2 :: 4. The first accused was arrested on 1.1.2010, while the second accused was arrested on 15.1.2010. The petitioners are in judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NOS.118 & 446 OF 2010 :: 3 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/