IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5246 of 2008() ----------------------------- CRMP.1875/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO. 336/2008 OF VAIKOM POLICE STATION PETITIONER/ACCUSED ----------------------------------- SANEESH @ UNNI, AGED 22 YEARS, S/O.SURENDRAN, THACHATTU, NEAR OTTAPPUNNA JUNCTION, PALLIPURAM PANCHAYATH, PALLIPPURAM P.O CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.RONALD JOSE SRI.V.P.MOHAMMED NIYAZ RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM DISTRICT. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5246 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 304 IPC. According to the prosecution, petitioner was driving a lorry and it hit against an autorickshaw and the driver of the autorickshaw succumbed to the injuries sustained in the incident. 3. Learned counsel for the petitioner submitted that this is only a case of motor accident. The incident happened on 27-5- 2008 and he apprehends arrest, since offence under section 304 IPC is incorporated. Learned Public Prosecutor submitted that petitioner could not be arrested for the past three months and hence petitioner may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail. 4. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he BA 5246/08 -2- shall be produced before the Magistrate court concerned in accordance with law. (3) On production of the petitioner before the learned Magistrate, and if any bail application is filed, the petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- i) Petitioner shall report before the Investigating Officer on every Saturday between 10 a.m. and 1 p.m. until further orders. ii) Petitioner shall co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.