IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 3856 of 2010() ---------------------------------- CRIME NO. 71/2010 OF THAMPANOOR POLICE STATION/ CB CID CRIME NO. 92/CR/HHW-1/THIRUVANANTHAPURAM/2010 .................... PETITIIONER/3RD ACCUSED : ---------------------------------- CYRIL CHRIST RAJ, AGED 47, SON OF M.SAVARI MUTHU, 195/VATTAKARAI,NAGARCOIL-4. BY ADVS. SRI.VAKKOM N.VIJAYAN SRI.RAMAKRISHNAN SOMANADHAN NAIR SMT.V.RENJU RESPONDENTS: ------------------ 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CB CID,HHW/1/TVM/2010 BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3856 of 2010 ----------------------------- Dated this the 19th day of August, 2010 O R D E R This petition is for anticipatory bail. 2. According to prosecution, an old building, which is owned by accused nos. 1 and 2 was attempted to be renovated by part by part. Accused nos. 3 to 5 being the contractor and the work supervisor had taken up the work and when the demolition process was going on, a portion of the building fell down causing death of 6 persons. Several other persons were also injured. A crime was registered under Sections 304 and 308 read with Section 34 of the Indian Penal Code. 3. Learned counsel for petitioner submitted that petitioner (A3) is innocent of the allegations made. He is the third accused, who is the contractor. He has taken up the contract work only because of the sanction granted and also in the light of the report of the architect that building is stable. Petitioner was not present at the time when the building collapsed. First and fifth accused, who are the owner and the supervisor respectively were granted anticipatory bail by this court, it is submitted. 4. Learned Public Prosecutor submitted that as revealed from B.A. No. 3475 / 2010 2 the Chief Town Planning Officer, the building is an old one and sanction was also granted for renovation but it collapsed when the work was in progress. He has no objection in granting anticipatory bail, since co-accused are granted the same relief. 5. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: Petitioner shall, in the event of his arrest be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i). Petitioner shall report before the investigating officer on every Monday between 10 a.m. and 1 p.m. until the final report is filed or until further orders and co-operate with the investigation. ii). Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln