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2022 Supreme(Online)(KER) 39041

BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['A RAJASIMHAN', '', 'VYKHARI K U', 'K KAVYA MOHAN', 'PUBLIC PROSECUTOR']

ORDER

This is an application for regular bail.

2. Petitioners are the accused in Crime No.3260/2021 of Nedumangad police station which was originally registered alleging commission of offence under Section 302 of the Indian Penal Code. Following the investigation into the case and on receipt of the postmortem report, the offence has been converted to one under Section 304 of the Indian Penal Code on account of the fact that going by the postmortem report the deceased died on account of acute coronary artery disease.

3. Learned counsel for the petitioners submits that the petitioners are husband and wife and there was a dispute between the petitioners and the deceased regarding a pathway. It is submitted that the deceased had obstructed the pathway when the 1st petitioner was using the same, which led to a minor altercation between the 1st petitioner and the deceased. It is submitted that the petitioners had no intention whatsoever of causing the death of the deceased and that he had died on account of other circumstances. It is submitted that the petitioners have been in custody from

26.12.2021 and their continued detention is not necessary for the purposes of any investigation.

4. Lea

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