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2020 Supreme(Online)(KER) 44802

MATHEW – Appellant
Versus
STATION HOUSE OFFICER – Respondent


O R D E R

Dated this the 12th day of June 2020 This is an application under Section 438 of Cr.P.C.

Petitioners are accused 1 to 4 in Crime No.358/2018 of Thottilpalam Police Station for having allegedly committed offences punishable under Sections 286 and 304 of IPC and under Section 9(B) of the Explosives Act. The prosecution case in brief is that in connection with a festival in the St.Theresa Church, Pasukadau on 13.10.2018, they had engaged a person to conduct fireworks in the church. It so happend that the person who was given the contract did not have a proper licence and that because of some accident, he sustained fatal injury and succumbed to it. On the basis of that a crime has been registered against the petitioners for culpable homicide.

Petitioners seek anticipatory bail.

2.Heard the learned Senior Counsel, Sri.Grashious Kuriakose appearing for the petitioners and also the learned Public Prosecutor.

3. The learned Senior counsel submits that the offence under Section 304 will not be attracted against the petitioners becacuse they have absolutely no reason to cause death of any person much less the contract or of fire works which was entrusted by him. The fact regarding whet

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