Shaji M v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2220 of 2015 () ------------------------------- CRIME NO. 225/2015 OF ADOOR POLICE STATION, PATHANAMTITTA DISTRICT --------------------- PETITIONER/ACCUSED :

--------------------------------- SHAJI M., AGED 50 YEARS, S/O MUHAMMED, SHAREEFA MANZIL, INCHAKALA VETTIPURAM MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT/STATE :

------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ADOOR-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031- BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No. 2220 of 2015 ------------------------------------------- Dated this the 15th day of May, 2015

ORDER

Petition filed under Section 439(1) Cr.P.C.

2.

Petitioner has allegedly committed the offences under Sections 279, 337, 304 IPC and Section 185 of the MV Act. 3.

The allegation is that he drove department vehicle in a reckless manner under the influence of alcohol and caused the death of 3 persons. It is submitted that taking into consideration the period of custody he may be granted bail.

4.

Heard.

5.

The petitioner has been in custody since 9.3.2015. Final report has so far not been filed. The investigation is almost complete. Further detention of the petitoner is not necessary. In the result, this Bail Application is allowed with the following conditions.

i.

The petitioner will be released on bail on his executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the lower court concerned. ii.

The petitioner shall appear before the investigating officer between 10.30 a.m and 11.30 a.m on

B.A.No. 2220 of 2015 2 every alternate Friday for six months, or till the final report is filed, whichever is earlier.

iii.

Petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

iv.

Petitioner shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

v.

Petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

vi.

Petitioner shall not attempt to contact or communicate with the victims or their close relatives directly or indirectly.

In case of violation the lower court concerned is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW JUDGE pm