IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Bail Appl..No. 7683 of 2008() --------------------------------------- CMP.2455/2008 of DISTRICT COURT, KALPETTA CRIME NO.7683/2008 OF SULTAN BATHERY POLICE STATION. .................... PETITIONER (S): ACCUSED -------------------- V.M.MUHAMMED, S/O. MARAKKAR, VATTAKKUDY HOUSE, PAZHERI, KUPPADI P.O., SULTHAN BATHERY TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA REP. BY PUPLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7683 of 2008 ----------------------------------------- Dated this the 13th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 304 of the Indian Penal Code. According to prosecution, petitioner kept a live electric wire in the property and deceased was found dead in the said property and the death is due to electrocution. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Deceased was found dead in the property and a live electric service wire was also found nearby, in a broken state. Petitioner has not committed any offence and offence under Section 304 is not attracted, it is submitted. Learned counsel for petitioner also submitted that there was no looping wire or other materials which would reveal that there was electric fencing, as per the prosecution records. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that deceased had a property close to petitioner's property and he was also cultivating in that BA.7683/08 2 property. Deceased must have gone to the property of petitioner to take tapioca when the incident happened. Petitioner committed the offence, since he had allowed the electric live wire to be kept in the property with the knowledge that it is likely to endanger to the lives of persons. The matter is being investigated into and it may not be proper to grant anticipatory bail in a case of this nature, it is submitted. 5. Learned Public Prosecutor also submitted that a telephone wire and two portions of wires were recovered from the property on 26.9.2008. 6. On hearing both sides, I am satisfied that in a case of this nature, petitioner will be required for interrogation to ascertain the facts which are within the exclusive knowledge of accused. Considering the nature of allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred on 9.9.2008 and petitioner was not available for interrogation so far. BA.7683/08 3 (1) Petitioner is directed to surrender before the investigating officer and co-operate with the investigation. Whether petitioner surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) It is open to petitioner to seek his ordinary remedy for bail and raise all the contentions before the Magistrate Court concerned in which event, the Magistrate shall dispose of the petition on merit untrammelled by any observations made in this order. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.