IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 4111 of 2010() ----------------------------- CRIME NO.727/10 OF THODUPUZHA POLICE STATION, IDUKKI. (S): PETITIONER/ACCUSED NO.2: -------------------------------------------- KURIAN, S/O.JOSEPH, VANDANAMTHADATHIL VEETTIL, PADINJARE KODIKULAM, KODIKULAM VILLAGE. BY ADV. SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, THODUPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4111 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 304 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner (A2) cut a rubber tree standing in the property of one Mr.Johnson and on instructions by first accused cut the branch of the tree which fell on an electric post and the concrete electric post collapsed and fell down on one Ibrahim and he died on the way to the hospital. The incident happened on 28.5.2010 at about 12.30 p.m. 3. Petitioner is in custody for the past 17 days. Learned counsel for petitioner submitted that the case was registered under Section 304A of the Indian Penal Code, which is bailable, but subsequently, it is altered to Section 304 and 34 of the IPC. 4. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : BA NO. 4111/10 2 Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (ii) In case petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs