IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3806 of 2008() ----------------------------- CRIME NO.228/2008 OF ELOOR POLICE STATION PETITIONER : ACCUSED ------------------------ ABUTHALIB, AGED 21 YEARS,S/O.ALAV- UDEEN SHA, BOUSE MADHI GRAMAM, NUDHIYA DISTRICT WEST BENGAL. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3806 of 2008 ------------------------------------------- Dated this the 20th day of June, 2008 ORDER Petition for bail. 2. The alleged offence is under Section 302 IPC. Learned counsel for the petitioner submitted that even as per the prosecution case, motive is not clear. There was no enmity between the petitioner and the deceased. But, both of them consumed liquor and the deceased jumped into the pond and he sustained injury for which the petitioner is not responsible, it is submitted. The fact that the deceased had consumed liquor is noted in the postmortem certificate. 3. This petition is opposed. Learned public prosecutor submitted that the charge is laid and the petitioner belongs to another State and it is likely he will abscond. 4. Hence, the petitioner may seek his remedy before the committal court itself, in the light of the changed circumstances. The petition is dismissed. K.HEMA, JUDGE csl