Sumohanan @ Mani v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl.No. 5021 of 2015 ------------------------------------- CRIME NO. 1092/2015 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM ........

PETITIONER(S)/ACCUSED:

-------------------------------------- SUMOHANAN @ MANI, AGED 62 YEARS, S/O. SUKUMARAN, ANU BNHAVAN, KARAMKONAM, VELLALLOOR VILLAGE, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S)/STATE:

------------------------------------ STATE OF KERALA, REPRESENTED THROUGH THE INSPECTOR OF POLICE, KILIMANOOR CIRCLE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.5021 of 2015 -------------------------------------------- Dated this the 20th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.1092 of 2015 of Kilimanoor Police station registered for the offences under Secs.279 and 304(II) of the Indian Penal Code. The prosecution case is that he drove a school bus in a reckless manner and caused the death of a UKG student who had got down from his bus.

3. Heard both sides.

4. The petitioner has been in custody since 04.08.2015. He is a 62 year old man. I am satisfied that his further detention is not necessary for completion of investigation. So I am inclined to grant his prayer. In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the

B.A. No.5021 of 2015 2 satisfaction of the learned Magistrate concerned.

2) He shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every alternate Wednesdays for three months or till the final report is filed, whichever is earlier.

3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

4) He shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

6) He shall not intimidate or attempt to influence the witnesses.

B.A. No.5021 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge