IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1260 of 2008() ----------------------------- CRIME NO.178/08 OF THE TIRUR POLICE STATION PETITIONER/ACCUSED ----------------------------------- MUHAMMED ALI, S/O.HAMZA, KUNNANAKATH HOUSE, VADAKKUMPURAM, KAREKKAD, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.K.RAKESH RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1260 of 2008 ------------------------------------------------- Dated this the 4th day of March, 2008 ORDER Application for anticipatory bail. The petitioner was the driver of a vehicle which was involved in an accident resulting in death of the rider of a motor-cycle and injury to the pillion rider. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. At worst, only an allegation under Sec.304A of the IPC can validly lie against him. Solely for the purpose of vexing and harassing the petitioner, allegations have been raised under Secs.304 and 308 of the IPC. The petitioner may be granted anticipatory bail, it is prayed. The learned counsel relies on the decision reported in Prabhakaran v. State of Kerala (2007 (3) KLT 400 (SC)) to drive home the contention that at B.A. No. 1260 of 2008 -: 2 :- worst only an allegation under Sec.304A of the IPC would lie. 3. The learned Public Prosecutor does not oppose the prayer for anticipatory bail. I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 11/3/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- 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 5 p.m. on 12/3/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the B.A. No. 1260 of 2008 -: 3 :- Investigating Officer in writing to do so. (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 the petitioner were arrested prior to his surrender on 11/3/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 11/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge