IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2728 of 2009() ----------------------------- CRIME NO.1466/09 OF THIRUVANANTHAPURAM CITY TRAFFIC POLICE PETITIONER/ACCUSED. --------------------------------------- K.THANKAPPAN PILLAI, AGED 48 YEARS, S/O. KUJEN PILLAI, SREE VILASOM, EDAVATH WARED, PANTHRESWARAN VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING CITY TRAFFIC POLICE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2728 of 2009 ----------------------------------------- Dated this the 1st June, 2009 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.1466/2009 of Thiruvananthapuram City Traffic Police. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 10.5.2009 at around 2 PM, the petitioner was driving a KSRTC Fast Passenger bus from Kottarakara to Thiruvananthapuram. He drove the vehicle in a rash and negligent manner resulting in an accident. A 16 year old boy died in the accident. 4. Learned counsel for petitioner submitted that even on the allegations made, Section 304 IPC would not be attracted and only Section 304A IPC would be attracted. He relied on a decision reported in Prabhakaran v. State of Kerala (2007 BA.2728/09 2 (3) KLT 400 (SC) ) and contended that in the facts situation in such case Section 304 IPC would not be attracted. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA.2728/09 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.