SUNNY KURUVILA, S/O. KURUVILA, KAAVUNGAL HOUSE, NETTITHOZHU, NETTITHOZHU. P.O., IDUKKI Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I., OLLUR POLICE STATION

JUDGEMENT

(1.) PETITIONER is the accused in Crime No. 166/2012 of Ollur police station, registered for the offences under Sections 279 and 304A of Indian Penal Code and being investigated, incorporating the offence under Section 304 of Indian Penal Code after deleting Section 304A of Indian Penal Code. Apprehending arrest, petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. Learned counsel appearing for the petitioner submitted that at best offence under Section 304A of Indian Penal Code is attracted and in such circumstances, when petitioner is prepared to co -operate with the investigation and is prepared to abide by any condition, he be released on bail. Learned Public Prosecutor opposed the petition and made available the case diary. It was submitted that petitioner disregarding and violating the signal, moved the car and caused the death of the rider of the motor bike and in such circumstances, offence under Section 304 of Indian Penal Code is attracted and petitioner may not be granted anticipatory bail as sought for.

(2.) CONSIDERING the nature of the offences, I do not find that petitioner is to be granted anticipatory bail. Petitioner is permitted to report before the Investigating Officer within ten days from today for interrogation. After completing interrogation, petitioner shall be produced before the concerned Magistrate without delay. At that stage petitioner is at liberty to file an application for bail and raise all the contentions raised in this petition. If petitioner files the application with previous notice to the Assistant Public Prosecutor, Magistrate to pass appropriate order in accordance with law preferably on the same day.