IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Bail Appl..No. 2863 of 2011() ----------------------------- CRIME NO. 251/2011 OF MULANTHURUTHY POLICE STATION PETITIONER/A2 TO 5:- -------------------------- 1. K.M.SOJAN, AGED 45, S/O.MATHAI, KALAYIL HOUSE, PADIYOTTUCHAL.P.O., VAYAKKARA, KANNUR. 2. P.G.AJIKUMAR, AGED 41, S/O.P.GOPI, PALLAT HOUSE, KUNNAPPILLI KARA, PERUVA. 3. R.VIJAYAN, AGED 41, S/O.RAJAPPAN, ROHINI BHAVAN, VAIKOM. 4. STANLY XAVIER, AGED 45, S/O.CHEEKKU, PADAMATTUMMAL HOUSE, THOTTAKKATTUKARA, ALUVA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE DY.S.P. MUVATTUPUZHA, (CRIME 251/2011 OF MULANTHURUTHY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ================= Bail Application No. 2863 of 2011 ================= Dated this the 12th day of April, 2011. ORDER In this petition filed under Sec. 438 Cr.P.C. the petitioners seek anticipatory bail on the allegation that they are sought to be arrested by the Mulanthuruthy police in connection with Crime No.251 of 2011 registered for offences punishable under Sections 279 and 304 I.P.C and Section 134(a) of M.V. Act. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners are police officers and they were proceeding in the Indica car in an inebriated condition and had dashed against the two boys aged 13 and 14 and they did not even stop the vehicle to bring succour to the victims. They had the obligation to report the matter to the police. They did not do that. Both the boys died on the spot. It is a disgrace that we have such officers in the police department. 3. Having regard to the facts and circumstances of the case including the grave offences involved, the nature of injuries sustained etc. anticipatory bail cannot be granted to the petitioners . There is no reason why they should not approach the Magistrate concerned and seek regular bail after their arrest. This Petition is accordingly dismissed. Dated this the 12th day of April, 2011. sd/- V. RAMKUMAR, JUDGE. rv