O R D E R

The petitioner herein is the sole accused in Crime No.568/2016 of the Balaramapuram Police Station, registered under Section 304 of the Indian Penal Code . This is his second application for regular bail under Section 439 of the Code of Criminal Procedure . His first application was dismissed by this Court on 21.6.2016.

2. The person who died in the incident alleged in this case is the aged paternal uncle of the petitioner herein. The prosecution case is that when an exchange of words took place between the deceased and the petitioner herein at about 11 pm on 11.5.2016 the petitioner pushed the deceased down, as a result of which he sustained a very serious head injury to which he succumbed within minutes. Immediately the deceased was taken to hospital, but he was declared dead at 11.35 pm. itself. Of course, it is true that the petitioner had no intention to kill his uncle when he pushed him down. But, circumstances reveal that he had the full knowledge of consequence that such an act may cause death. Thus this is a clear case of Section 304 IPC . Whether it actually comes under the first part or the second part, is a matter to be probed into during trial.

3. This applic