IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 3222 of 2008() ----------------------------------------- (CRIME NO.427/08 OF THE KALAMASSERY POLICE STATION) .................... PETITIONER:ACCUSED: ------------------------------------- ABDULLA T.M., S/O.MUSTHAFA, THEKKEMLALIL HOUSE, PONJASSERY P.O., THANDAKKAD,PERUMBAVOOR. BY ADV. SRI.P.GOPINATH RESPONDENT:STATE: ---------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH CORURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. K.MOHANAN, J. --------------------------------------------- Bail Application No. 3222 of 2008 ---------------------------------------------- Dated this the 13th day of May, 2008 ORDER Petitioner is the sole accused in Crime No. 427/08 for offences punishable under Sections 279, 337, 338 and 304 of the I.P.C. and Section 134 (a) of the Motor Vehicles Act. He seeks anticipatory bail. Petitioner was the driver of a bus having registration No.KL 40/2419, which met with an accident on 15.04.2008 resulting in the death of an infant. According to the counsel for the petitioner, the application for anticipatory bail was rejected for the ground that he is involved in an offence under Section 304 I.P.C. Annexure I is the order of the court below. It appears that the prayer for anticipatory bail is rejected on the ground that the offence alleged is under Section 304 I.P.C. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Learned Public Prosecutor submitted that no offence B.A. No. 3222 OF 2008 2 under Section 304 I.P.C is charged against the petitioner. On the other hand the main offence alleged against the petitioner is under Section 304 A and the other offences under Sections 279, 337 and 338 of the I.P.C. Therefore, the learned Public Prosecutor submitted that on strict condition this petition can be allowed. 4. In the light of the above facts and circumstances, I am of the view that, this petition can be allowed on the following conditions: 1. The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Judge. 2. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 3. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above B.A. No. 3222 OF 2008 3 conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, (JUDGE) ttb