IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 27TH JULY 2006 / 5TH SRAVANA 1928 Bail Appl..No. 4498 of 2006 ----------------------------- (CRIME NO.153/2006 OF THRITHALA POLICE STATION) PETITIONERS/ACCUSED 1 TO 3 ------------------------------------------- 1. IBRAHIM,S/O.ENTHEEN KUTTY, PATHAYAPURAKKAL HOUSE, KAPPUR AMSOM AND DESOM, KAPPUR (POST),OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. RAHEEMA, W/O.IBRAHIM, -DO- -DO - 3. VELAYUDHAN, S/O.PARANGODAN, THIRUTHIPPARA HOUSE, POST.KOOTTANADU, MALA AMSOM, VATTENADU DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SI OF POLICE, THRITHALA POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 4498/2006 ------------------ DATED THIS THE 27TH DAY OF JULY, 2006 O R D E R The petitioners 1 to 3 are accused of the offence punishable under Section 304 IPC, in crime No.153/2006 of Thrithala police Station, where the petitioners are arrayed as accused 1 to 3. It is alleged that the petitioners dug a well in their property and without leaving any warning, it was left open. The brother-in-law of the defacto complainant fell into the well and instantly died. Hence the offence, against the petitioners. 2. I heard both sides. Considering the facts that are placed before me, I direct the petitioners to surrender before the investigating officer of crime No. 153/2006 of Thrithala Police Station, which is being investigated by the Circle Inspector of Police, Pattambi, on 3.8.2006 between 10.00 .am and 11.00 a.m. 3. The investigating officer shall interrogate the petitioners and thereafter, produce them before the Court B.A.4498/2006 2 below. If the investigating officer requires the petitioners in custody, for further interrogation, he may move an application for the same, before the Court below in which event, the learned Magistrate shall pass orders, on merit. If no custody application is filed or the same is declined by the learned Magistrate, the bail application that may be filed by the petitioners shall be considered by the Magistrate and they be released on bail, imposing such conditions, as are deemed necessary. The application is disposed of as above. J.M.JAMES JUDGE mrcs