IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2544 of 2009 CRIME NO.151 OF 2009 OF KALLAMBALAM POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- SARATH DEV.S., AGED 30, S/O.SAHADEVAN, SARATH BHAVAN, VADASSERIKONAM P.O., VARKALA, OTTOON VILLAGE. BY ADV. SRI.M.L.SAJEEVAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2544 OF 2009 ------------------------------------------------------ Dated this the 22nd 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 accused No.1 in Crime No. 151 of 2009 of the Kallambalam Police Station. 2. The offence alleged against the petitioner is under Section 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner drove a private bus from Kallambalam to Attingal at high speed, knowingly that if the bus was driven at high speed it would cause injuries and even death to the passengers in the bus. When the bus crossed Thotakad bridge, it collided with a KSRTC bus coming from the opposite direction. Due to the collision, the de facto complainant and his daughter sustained injuries. The other passengers also sustained minor injuries. Prima facie, I do not think, Section 308 of the Indian Penal Code would be attracted in the facts and circumstances of the case. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I B.A. NO. 2544 OF 2009 :: 2 :: 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 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; B.A. NO. 2544 OF 2009 :: 3 :: 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/