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High Court of KeralaBail Appl./2015/2015allowed

P.Sunil v. The State Of Kerala

2015-05-22Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 Bail Appl..No.2015 of 2015 ------------------------------------- CRIME NO.311/2015 OF VALAPPATANAM POLICE STATION,KANNUR. ..

PETITIONER/ACCUSED:

----------------------------------- P.SUNIL,S/O.KARUNAKARAN,AGED 47 YEARS, RESIDING AT S.S.NIVAS,ELAYAOOR,KANNUR.

BY ADV.SRI.C.K.SREEJITH RESPONDNET/COMPLAINANT:

--------------------------------------------- THE STATE OF KERALA, THROUGH STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

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B.A. No.2015 of 2015 ............................................... Dated this the 22nd day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the accused in Crime No.311 of 2015 of Valapattanam Police Station registered for the offences under sections 304 IPC.

3. The allegation is that when the deceased was sleeping under a lorry the petitioner, without taking notice of it, drove the vehicle, which caused the death of the deceased.

4. Heard.

5. The incident happened at 3.30 in the morning. The allegation is that the petitioner did not take notice of the person who was sleeping under the vehicle. It appears that custodial interrogation of the petitioner is not necessary for effective investigation. In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs. Twenty five thousand only with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

B.A. No.2015 of 2015 ::2::

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence.

4) He shall cooperate with the investigation. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. K.ABRAHAM MATHEW JUDGE DST