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Judgment
Mohammed Nias C.P., J
Apprehending arrest in Crime No.870 of 2023 of Kalladicode Police Station, Palakkad, registered for offences under Section 304 of the Indian Penal Code and Section 135(1) (a), 135(1)(e) of the Electricity Act, the accused have filed this petition.
The prosecution allegation is that on 23.09.2023 between 7.30 a.m and 9.00 a.m, one Mr Hasappa got an electric shock which resulted in his death at an arecanut plantation at Valiyatta in Karakkurussi, from a metal line situated therein through which negligently and illegally electricity was passed. The petitioners herein are the caretaker of the said plantation, who are responsible for unauthorised electric fencing and the death of the deceased. Hence, the accused are alleged to have committed the offences mentioned above.
The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.
Considering the allegations against the petitioners under Section 304 of the Indian Penal Code and Section 135(1) (a), 135(1)(e) of the Electricity Act, it cannot be said that the offences alleged are not attracted in the case. In such circumstances, I am not inclined to grant anticipatory bail as it will adversely affect a proper investigation.
Therefore, the following directions are issued:-
In the event the petitioners surrender before the Investigating Officer within ten days, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case.
The bail application is disposed of as above.