IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3948 of 2008(Y) ------------------------------ CRIME NO.1645/08 OF CITY TRAFFIC POLICE, KOZHIKODE PETITIONER ----------------- BAIJU K.R, S/O. P.K.RAJAN, KOORAKUNNEL HOUSE, PALAKKUZHA.P.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.THOMAS GEORGE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3948 of 2008 ----------------------------------------- Dated this the 23rd day of June, 2008 O R D E R This petition is for anticipatory bail. 2. A crime is registered under Section 304 of Indian Penal Code against the petitioner. According to prosecution, the petitioner was driving a tipper lorry and hit against a woman and as a result of of this, she succumbed to the injury sustained in the accident. Learned counsel for petitioner submitted that this is a mere case of a motor accident and no intention is involved. 3. Learned Public Prosecutor fairly conceded that the offence involved is under Section 304A IPC and not under Section 304 IPC. Hence, only bailable offence is involved in this case and anticipatory bail cannot be granted. 4. The petitioner can seek his remedy before the lower court in which event, the offence will be treated as under Section 304A IPC and not under Section 304 IPC. This petition is disposed of as above. K.HEMA, JUDGE vgs.