IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5596 of 2008()
1. D.RAGHUVARAN, AGED 55, W/O.DAMODARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/10/2008
O R D E R
K.HEMA, J.
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B.A.No.5596 of 2008
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Dated this the 13th day of October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 304 IPC.
According to prosecution, petitioner who is running a medical
shop, administered an injection on the deceased Salim, on
2.10.2006, as an alleged treatment for Chikun gunia. Because of
this injection, the patient developed infection and though he was
taken to the Medical College Hospital, he died on 4.10.2006.
The investigation reveals that the petitioner’s acts have caused
the death of the deceased Salim and on a complaint filed by his
brother-in-law of the victim, a crime is registered against the
petitioner.
3. Learned counsel for the petitioner submitted that the
petitioner is absolutely innocent of the allegations made. The
patient was treated in the Medical College Hospital and he died
only at the hospital. It is not correct to say that the petitioner
has done anything to cause the death.
4. This petition is opposed. Learned public prosecutor
BA No.5596/08 2
submitted that the case diary reveals that the petitioner has
administered an injection using a non-sterile needle and he has
treated the patient though he has no qualification for treating
him. He is only conducting the medical shop. This is not a fit
case to grant anticipatory bail, it is submitted.
5. On hearing both sides, on consideration of the nature
of allegations made, I am satisfied that it is not a fit case to
invoke discretionary powers under Section 438 Crl.P.C. It can
also be seen that the crime was registered as early as in October
2006 and though two years have elapsed, petitioner could not be
arrested. In the nature of allegations made, for the purpose of
investigation, petitioner’s interrogation will be required.
Hence, petitioner is directed to surrender before the
Investigating Officer within ten days from today and
co-operate with the investigation.
With this direction, this petition is dismissed.
K.HEMA, JUDGE
csl