IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5274 of 2008() ----------------------------- CRIME NO.1763/2008 OF CITY TRAFFIC POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/2ND ACCUSED:- ----------------------------------------- RAJESH T.G., AGED 26 YEARS, S/O THANKARAJ, RESIDING AT GRACY BHAVAN, KAVINPURAM, KATTACHALKUZHY P.O., BALARAMAPURAM KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.ZAKEER HUSAIN M.K. SRI.THIRUMALA P.K.MANI RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ' KERALA, ERNAKULAM. BY P. P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5274 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 279, 304 and 336 IPC. According to prosecution, a girl aged 17 years succumbed to the injuries, while she fell down from the bus, which was driven by the 1st accused. Second accused was the conductor who did not clear the foot-board when the girl attempted to get into the bus and this contributed to the murder. 3. Learned counsel for the petitioner submitted that offence under section 304 IPC will not attract. This is a clear case of motor accident. There is no intention to cause the death and hence anticipatory bail may be granted. It is also pointed out that petitioner is the 2nd accused who is only the conductor and the prosecution has no case that he rang the bell before the girl got into the bus and that he, in any way, caused the incident. 4. Learned Public Prosecutor submitted that the incident occurred on 1-7-2008 and the petitioner could not be arrested till date. Petitioner may be directed to appear before the BA 5274/08 -2- Investigating Officer and on such condition, he has no objection in granting bail. 5. Therefore, the following order is passed:- Petitioner shall surrender before the Investigating Officer within seven days from the date of this order and in case he is arrested, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.