IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Bail Appl..No. 5035 of 2008() ----------------------------- CRIME NO.341/08 OF PUDUKKAD POLICE STATION PETITIONER : APPLICANT/ACCUSED (IN CUSTODY) ----------------------------------------------- ASHOKAN, S/O.VELAPPAN, ALUVAKKARAN HOUSE, PONNARIMOOLA, AMBALLUR VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PUDUKKAD POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5035 of 2008 ----------------------------------------- Dated this the 11th August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 302 of Indian Penal Code. According to prosecution, petitioner and deceased are cousins and they had a quarrel. Petitioner, who is a toddy tapper, inflicted a serious cut injury on the deceased with the tapping knife. The deceased succumbed to the injury on the same day. 3. Learned counsel for petitioner submitted that the incident happened on sudden and grave provocation. The petitioner had not intended to cause death of his cousin. But the relatives did not take the deceased to the hospital and he was allowed to lie in the house for a period of one hour and the death was caused only because of loss of blood, it is submitted. Petitioner is in custody for the past 45 days and hence bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the injury caused to the deceased is sufficient in the ordinary course of nature to cause death. The investigation is only in the preliminary stage and it may not be proper to grant bail to the petitioner at this stage. I am satisfied of the submissions made and I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.