IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 1914 of 2009 PETITIONER: ACCUSED: ---------------------------- A.VIJAYAN, S/O.SANKARA NARAYANAN NAIR, APPATH HOUSE, PAREMALPADY, KONDAZHI, THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1914 OF 2009 F ------------------------------------------------------ Dated this the 27th May, 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.157 of 2009 of the Wadakkanchery Police Station. 2. The offence alleged against the petitioner are under Sections 279, 337, 338 and 304 of the Indian Penal Code. 3. The prosecution case is that on 3.3.2009 at 8.40 A.M., the petitioner drove a bus in a rash and negligent manner, overtook another vehicle at a curve, went on the wrong side of the road and hit against another bus and thereby caused death of two passengers in the other bus. Learned counsel for the petitioner, relying on the decision in Prabhakaran v. State of Kerala (2007 (3) KLT 400 (SC)), submitted that there is no allegation of criminal intention and, therefore, Section 304 would not 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 B.A. NO. 1914 OF 2009 :: 2 :: 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 for a period of one month 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 report before the investigating officer between 9 A.M. and 11 A.M. on all 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; e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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/