MUHAMMED ARIF Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the first accused involved in crime No.854 of 2018 of Palakkad Town North Police station, Palakkad. The offences allegedly involved in the crime are those punishable under Sections 308, 337, 338 and 427 read with Section 34 of Indian Penal Code.

(2.) The allegation of the prosecution was that, on 02.08.2018 at about 8.06 P.M, a building owned and possessed by the petitioner was collapsed while renovation work is being carried on in the ground floor. Some people sustained injuries. The owner of a mobile shop situated in the ground floor of the said building lodged FIS before the Town North Police Station, Palakkad and accordingly the crime in question was registered. The petitioner is of apprehension that he would be arrested in the crime and therefore this application is moved.

(3.) According to Sri. K. Anand, the learned counsel for the petitioner, the allegations are devoid of any basis. According to him, some renovation work was going on in the building owned jointly by the petitioner and the co-accused and during the course of such work, the building collapsed. According to him, the petitioner has not acted with intention to cause the incident and not even knowledge that such an incident would happen also cannot be attributed against him. Accordingly, he pleaded for enlarging the petitioner on pre-arrest bail.