IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4823 of 2009 CRIME NO.2981 OF 2009 OF CITY TRAFFIC POLICE STATION, KOZHIKODE PETITIONER: ACCUSED: -------------------- SUNIL KUMAR.T., S/O.VASU.T, AGED 34 YEARS, THEKKEDATH HOUSE, P.O.PARAMBIL,KURUVATTOOR AMSOM, CHERUVATTA DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT: STATE: --------------- THE SUB INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4823 OF 2009 ------------------------------------------------------ Dated this the 26th August, 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.2981 of 2009 of the City Traffic Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. It is submitted that originally Section 304A of the Indian Penal Code was alleged and later, it was converted into Section 304 of the Indian Penal Code. 3. The petitioner is the driver of a stage carriage bus. On 29.7.2009, while the petitioner was driving the bus, it hit on a motor bike driven by the deceased. His wife was a pillion rider. Both of them died as a result of the accident. 4. Learned counsel for the petitioner would rely on the decision of the Supreme Court in Prabhakaran v. State of Kerala (2007 (3) KLT 400 (SC)) to contend that offence under Section 304 may not be maintainable against the petitioner. B.A. NO. 4823 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case and also the decision of the Supreme Court in Prabhakaran v. State of Kerala (2007 (3) KLT 400 (SC)), 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 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) 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/