IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3483 of 2009 CRIME NO.4714 OF 2009 OF CITY TRAFFIC POLICE STATION, ERNAKULAM. PETITIONER: ACCUSED: ---------------------------- ALI, AGED 28 YEARS, S/O.PAREETH, MURIYANKARA HOUSE, THENGODE, KAKKANAD, ERNAKULAM. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3483 OF 2009 A ------------------------------------------------------ Dated this the 30th 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.4714 of 2009 of the City Traffic Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 304 (II) of the Indian Penal Code. 3. I have gone through the case diary. On a perusal of the scene mahazar, it can be seen that the accident took place at a point about 3.5 metres away from the road mark. Learned counsel for the petitioner also relied on the decision in Prabhakaran v. State of Kerala 2007 (3) KLT 400) in support of his contention that if it is a road accident and if there is no guilty intention on the part of the accused, Section 304 of the Indian Penal Code would not be attracted and only 304A would be attracted. 4. 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 B.A. NO. 3483 OF 2009 :: 2 :: 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 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 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 ahz/