CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the accused in Crime no.313/2012 of Pothencode police station, Thiruvananthapuram. The offence alleged against him is under Sec.304 part II of IPC. It is alleged that on 28.04.2012 when the defacto complainant and his wife were working inside the quarry a rock fell on the head of the complainant's wife, she sustained serious injuries to which she succumbed.

(2.) THE prosecution contends that the accused must be imputed with the knowledge that the rock which was in a dangerous condition was likely to fall on the persons working in the quarry and Sec.304 part II of IPC would certainly apply and so the petitioner is not entitled to get anticipatory bail.

(3.) THE petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioner but on the following conditions: