SUNIL P.B. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail moved by the accused in Crime No. 335/2021 of Sulthanbathery police station.

(2.) I heard the learned counsel for the petitioner and also the learned Public Prosecutor. The learned Public Prosecutor has filed a statement of the Investigating Officer also.

(3.) According to the learned counsel for the petitioner, there is absolutely no reason to invoke Section 304 of the IPC against him; he had not erected any electric fencing in the property, it must have been drawn by farmers and agricultural workers, who have taken farm land on lease and he has no role in the sad demise of the said Nissam. It was pointed out that illegal mining of sand was in progress in the adjacent river; when the police had come in search of such illegal activists, the said Nissam had run away from the place and in the process, gone in touch with the electric wire and had died accidentally for which there is no justification in invoking Section 304 of the IPC. Anyhow, the petitioner had not erected any such wire; for the reason that he happened to be one of the sharers of the property, criminal liability cannot be attributed against him.