IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6617 of 2011() ----------------------------- CRIME NO.668/2011 OF EZHUKONE POLICE STATION KOLLAM DISTRICT PETITIONER/ACCUSED -------------------- NIDHIN.M., AGED 24 YEARS, S/O.MANOHARAN, NIDHEE MANDIRAM, THAZHUTHALA, KOTTIYAM, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6617 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.668 of 2011 of Ezhukone Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. When the Bail Application came up for admission on 20/08/2011, the following order was passed: “3. The petitioner is the driver of a stage carriage bus. On 02/08/2011, while the petitioner was driving the vehicle, he applied brake suddenly. As a result, the deceased was thrown out into the bus itself. She sustained injuries. She became unconscious. Later, she died in the hospital on the same day. The allegation is that the petitioner committed the offence under Section 304 of the Indian Penal Code. 4. The learned counsel for the petitioner submitted that even if all the allegations are taken as true, the offence that would be attracted would Bail Appln.No.6617/2011 : 2 : be only under Section 304-A of the Indian Penal Code. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 25/08/2011 and 26/08/2011. 6. Post on 31/08/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.668 of 2011 of Ezhukone Police Station, till 02/09/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 20/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 20/08/2011 has been Bail Appln.No.6617/2011 : 3 : complied with by the petitioner, 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 police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; b) 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. Bail Appln.No.6617/2011 : 4 : 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 skj True copy P.A. to Judge