IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 253 of 2010() -------------------------------- CRIME NO. 2/2010 OF KADAKKAVOOR POLICE STATION ......................... PETITIONER/ACCUSED : --------------------------- BOZE RAJU, AGED 27 YEARS, S/O. RAJU, THIPPAYILVILAKOM, MAMPALLY, ANCHUTHENGU, KADAKKAVOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: --------------- THE SUB-INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 253 of 2010 ------------------------------------ Dated this the 27th day of January, 2010 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.2/2010 of Kadakkavoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 279, 337 and 304 of the Indian Penal Code. 3. The prosecution case is that on 01.01.2010 at 7.40 A.M., the private bus driven by the accused in a rash and negligent manner hit on the rear side of a motor bike. As a result of the hit, the person who was riding the motor bike as well as the pillion rider(his wife) and their child fell on the road. The bus ran over the pillion rider and she died on the spot. 4. The learned counsel for the petitioner submitted that the motor bike tried to overtake the bus through the wrong side and thus the accident occurred. It is submitted that the bus was being driven in a normal speed obeying all traffic rules. According to the petitioner, the motor bike was being driven in a rash and negligent manner. B.A. No. 253 of 2010 2 5. While disposing of this application for Anticipatory Bail, it is not feasible to finally settle the disputes involved in the case. The contention put forward by the petitioner may be relevant as a defence at the time of trial. Such disputed questions need not be decided in an application for anticipatory bail. 6. The learned Public Prosecutor submitted that the bus could not be even moved to take out the dead body of the pillion rider, since the petitioner ran away after the accident. The service of another driver was utilised for taking out the dead body of the pillion rider of the bike. 7. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case for granting anticipatory bail. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln