IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 3885 of 2010() --------------------------------------- CRIME NO.2252/2010 OF CITY TRAFFIC POLICE STATION, KOZHIKODE. .................... PETITIONER (S): ACCUSED --------------------------- FAISAL, S/O.MOHAMMEDKUTTY, AGED 33 YEARS PUTHALTH HOUSE, PARAKNADAM, PANTHEERAMKAVU, P.O.PERUMANA, KOZHIKODE, KOZHIKODE DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT ----------------------- THE STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3885 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 279 and 304 of the Indian Penal Code. According to prosecution, on 07.06.2010 at about 2 P.M., petitioner drove a mini lorry on a public road in a rash and negligent manner and at excessive speed. The lorry hit against a bicycle, on which boy aged 13 years was going to school. He sustained serious injuries and succumbed to the injuries. 3. Petitioner is in custody for the past 20 days. Learned counsel for petitioner submitted that the road was very narrow. This petition is not opposed, since as per the investigation so far revealed that no intention is involved in this case. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of B.A. No. 3885 of 2010 2 the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iii) Petitioner shall surrender the driving license before the Magistrate Court concerned within seven days from the date of this order. iv) In case, petitioner is involved in any similar offence, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln