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. Learned Public Prosecutor, on instructions, submits that though the postmortem report shows that the deceased had died on account of acute coronary artery disease, the doctor who conducted the postmortem has also opined that an adverse cardiac event could have been triggered on account of the strain caused by the altercation with the petitioners. It is submitted, therefore, that the petitioners are clearly guilty of the offence under Section 304 of the Indian Penal Code. It is submitted that the grant of bail, at this stage, may not be conducive to the prosecution.

5. Having regard to the facts and circumstances of the case and considering the fact that the petitioners are aged 55 years and 54 years respectively and also considering the fact that the altercation which ultimately led to the death of the deceased was on account of dispute over a pathway, I am convinced that the petitioners can be granted bail, especially since their continued detention may not be necessary for the purpose of investigation.

Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.3260/2021 of Nedumangad Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.. 3260/2021 of Nedumangad police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.3260/2021 of Nedumangad police station may file an application before the jurisdictional court, for cancellation of bail.