Sanoj.K.C v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 6113 of 2015 () ------------------------------- CRIME NO. 867/2015 OF WALAYAR POLICE STATION , PALAKKAD DISTRICT -------------------- PETITIONER/ACCUSED:

------------------------------------- SANOJ, S/O.CHANDRAN,AGED 32 YEARS, KOLOTH PALLICHAL HOUSE, KUNDAMTHARISSU, KALLADIKODU, CHUNGAM, PALAKKAD.

BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT/COMPLAINANT & STATE:

-------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6113 of 2015 -------------------------------------------- Dated this the 7th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the accused in Crime No.867 of 2015 of Walayar Police station registered for the offences punishable under Secs.279 and 304 of the Indian Penal Code. The prosecution case is that on 26.08.2015 at 00.15 hours in the night, the accused drove a lorry in excessive speed through Palakkad-Walayar National Highway with full knowledge that his act of driving through a public road in such manner would endanger human life. It is also alleged that he was under the influence of alcohol at the time of causing the accident. When the vehicle reached in front of Malabar Hospital, Kanjikode, it hit on four persons causing loss of their life. The petitioner remains in custody from 26.08.2015 onwards.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Bail Appl. No.6113 of 2015 2

4. Learned Public Prosecutor submitted that investigation has advanced to a considerable extent. Considering the grave allegations against the petitioner, I am of the view that the petitioner can be released on bail only on strict conditions.

i. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The petitioner shall appear before the Investigating Officer for interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

Bail Appl. No.6113 of 2015 3 iv.

R.T.O.

concerned shall suspend the driving licence of the petitioner for two years forthwith.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/07/10/2015 P.A. To Judge