IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1140 of 2010() ----------------------------- CRIME NO.1248/2010 OF CITY TRAFFIC POLICE STATION, ERNAKULAM .................... PETITIONER (S): ACCUSED --------------------------- KAILASANATHAN NAIR, S/O.JANARDHANAN, AGED 38 YEARS, KALLUMKUDIYIL HOUSE, THRIKKARIYUR P.O., THRIKKARIYUR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, AT ERNAKULAM REPRESENTED BY CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1140 of 2010 --------------------------------------------- Dated this the 24th day of March, 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 sole accused in Crime No.1248 of 2010 of City Traffic 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 6.2.2010, the accused drove a stage carriage bus in a rash and negligent manner through M.G.Road, overtook a scooter and hit on the scooter. The lady who was riding on the scooter, an employee of the Vijaya Bank, died on the spot. 4. 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 where anticipatory bail can be granted to the petitioner. Custodial interrogation of the petitioner may be required in the BA No.1140/2010 2 case. 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 csl