IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3709 of 2009() ---------------------------------------- CRIME NO.470/2009 OF VADAKKEKARA POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED: ------------------------------- SANILKUMAR, S/O.SANTHAKUMAR AGED 32 YEARS,ODATHPARAMBIL HOUSE NEDUPUZHA KARA, MANIMANGALAM VILLAGE, THRISSUR TALUK. BY ADV. SRI.I.DINESH MENON RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE VADAKKEKKARA POLICE STATION, VADAKKEKARA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3709 of 2009 ------------------------------------ Dated this the 9th day of July, 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.470/2009 of Vdakkekkara Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 8/06/2009, the petitioner drove K.S.R.T.C bus in a rash and negligent manner and run over two persons, causing instantaneous death of those persons. 4. The learned counsel for the petitioner submitted that even if all the allegations levelled against the petitioner are taken as true, no offence under Section 304 of the Indian Penal Code would be made out as there is no allegation of intention on the part of the petitioner to cause the death of the victims. He submitted that at best the offence under B.A. No.3709/2009 Page numbers Section 304A would be made out, which is bailable. The petitioner relied on the decision of the Supreme Court in Prabhakaran Vs. State of Kerala [2007(3) K.L.T.400] in support of his contentions. 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 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 A.M and 11 A.M. 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. D) The petitioner shall not commit any offence or B.A. No.3709/2009 Page numbers indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm