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2024 Supreme(Online)(KER) 38790

HIGH COURT OF KERALA
Judicial First Class Magistrate, I
Petitioner – Appellant
Versus
State – Respondent


Table of Content
1. case background of the construction incident. (Para 2 , 3 , 4)
2. defense versus prosecution's claims. (Para 5 , 6)
3. court's ruling on bail application. (Para 7)

Petitioner is the sole accused in Crime No.700/2024 of Mavelikkara Police Station. The case was registered under Section 174 of Cr.P.C. The incident that led to the registration of the case occurred on 28.06.2024. When supports given to the concrete roofing of a car porch under construction were removed, the roofing collapsed, and two labourers got stuck in between the concrete pieces. They later succumbed to injuries.

3. Allegation of the prosecution is that, the petitioner was the Civil Contractor, who had undertaken the construction work. Though the FIR was registered under Section 174 of Cr.P.C, later, the offence under Section 304 of IPC was incorporated, and the petitioner was arrayed as accused.

4. The petitioner approached this Court in B.A No.5540/2024. Said application was closed by this Court vide order dated 30.07.2024. This Court had directed the concerned Police Station to issue a notice under Section 41A of Cr.P.C, if presence of the petitioner was required for investigation. Later, th

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