IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8957 of 2011 CRIME NO.1034 OF 2011 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT. PETITIONER: ACCUSED: -------------------- ANILKUMAR, AGED 39 YEARS S/O.GOPINADHAN PILLAI, ANIL VILASOM AANAYAM MURI, NEDUVATHOOR VILLAGE KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8957 OF 2011 ------------------------------------------------------ Dated this the 17th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1034 of 2011 of Puthoor Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 7.10.2011 at about 10.30 P.M., a tipper lorry was driven by the accused in a very rash and negligent manner and with excessive speed knowing that by such driving it is likely that it may cause death of the users of the road and the tipper lorry hit against a motor cycle, resulting in the death of the rider of the motor cycle. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPL. NO. 8957 OF 2011 :: 2 :: 5. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/