IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7940 of 2007() ----------------------------- CRIME NO.546/2007 OF PUDUKKAD POLICE STATION .................... : APPLICANT/ACCUSED: ----------------------------------- K.G. SUGATHAN @ KUTTAN, AGED 51 YEARS, S/O. GOVINDAN, KOVATH HOUSE, CHERUVAL, THOTTIPAL. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, PUDUKKAD. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7940 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered inter alia under Sections 304 and 308 I.P.C. The petitioner was driving a vehicle along a public road. The vehicle went out of control allegedly on account of improper driving of the petitioner. It went and hit on a provision store by the side of the road. One person was killed and another suffered injuries. Crime has been registered alleging offences punishable under Sections 304 and 308 I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. At worst the allegations, even if accepted in toto, can reveal only an offence punishable under Section 304A I.P.C. There is nothing to indicate the commission of any graver offence. With vexatious intent such allegations have been raised against the petitioner. The petitioner may be granted anticipatory bail. He may be saved of B.A.No.7940/07 2 the undeserved trauma of arrest and detention, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case to which I have already made brief reference, that the petitioner can be granted anticipatory bail. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/01/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 10/01/2008 and 11/01/2008 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. B.A.No.7940/07 3 (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 09/01/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 09/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7940/07 4 B.A.No.7940/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007