Kerala High Court
Sivarajan vs State Of Kerala on 23 December, 2022
CRL.A No.1153/2018 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
CRL.M.APPL.NO.2/2022 IN CRL.A NO. 1153 OF 2018
SC NO. 1076/2012 OF ADDITIONAL SESSIONS COURT-III,MAVELIKARA
APPLICANT/APPELLANT/ACCUSED:
SIVARAJAN, AGED 54 YEARS, S/O.KUNJUKUNJU, PUTHENPURATHEKKETHIL,
KAYAMKULAM MUNICIPALITY, WARD NO.29, KRISHNAPURAM MURI, KRISHNAPURAM
VILLAGE,ALAPPUZHA-690533.
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM -682031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the applicant for a further
period of 2 months for the treatment, so as to secure the ends of justice.
This Application again coming on for orders upon perusing the
application and this Court's orders dated 24/11/2022 in CRL MA NO.2/2022
and 3/11/2022 in CRL MA 1/2022, and upon hearing the arguments of
P.VIJAYA BHANU (SR.), P.M.RAFIQ, M.REVIKRISHNAN, VIPIN NARAYAN, AJEESH
K.SASI, V.C.SARATH, POOJA PANKAJ, U.BALAGANGADHARAN, SRUTHY N. BHAT,
SRUTHY K K, Advocates for the petitioner,and of PUBLIC PROSECUTOR for the
respondent, the court passed the following:
CRL.A No.1153/2018 2/7
ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==================
Crl.M.A.No.2 of 2022
in
Crl.A.No.1153 of 2018
[arising out of the impugned judgment dated 05.09.2018 in S.C. No.1076
of 2012 on the files of the Additional Sessions Court-III, Mavelikkara]
==================
Dated this the 23rd day of December, 2022
ORDER
Earlier the applicant had produced a Medical Certificate dated
20.10.2022, issued by the Head of the Department, Neuromedicine of
a Private Medical College, stating about the condition of the
applicant, which is all in medical terms, which is not ordinarily
understandable to a person, who is a layman, who may not be an
expert in medical science. Later the applicant has produced before
us, copy of a Medical Certificate, dated 02.12.2022, issued by the
Assistant Professor of the Department of Neurology of the very same
Private Medical College, wherein inter alia it has been stated that the
physiotherapy was initiated and the applicant requires continuation
of physiotherapy and rehabilitation for two more weeks. The specific
implication of that Certificate dated 02.12.2022 was that
physiotherapy and rehabilitation may be required and completed
within two more weeks. The said two more weeks period from
CRL.A No.1153/2018 3/7
Crl.M.A.No.2 of 2022 in
Crl.A.No.1153 of 2018 - : 2 :-
02.12.2022 can be only upto 16.12.2022.
2. When we considered this matter on 05.12.2022, we thought
that the application could be closed, granting time upto 16.12.2022, to
the applicant, to undergo and complete the physiotherapy and
rehabilitation, as projected in the Medical Certificate dated
02.12.2022. On that day, the counsel for the applicant submitted that
more time is required and the case was adjourned and we specifically
recorded that the applicant himself has produced Medical Certificate,
dated 02.12.2022, which states that the rehabilitation is required only
for two more weeks.
3. After adjournment, the applicant has now produced yet
another Medical Certificate, dated 15.12.2022, issued by the above
said Assistant Professor of Neurology, who issued the aforesaid
Certificate dated 02.12.2022. In the new Medical Certificate, dated
15.12.2022, the said Assistant Professor of Neuorology has inter alia
stated that the applicant requires assistance of one person for
carrying out the activities of daily living, as if he, requires more long
term treatment. The aspect that he requires one more person to carry
out the activities of his daily living was never disclosed to this Court
CRL.A No.1153/2018 4/7
Crl.M.A.No.2 of 2022 in
Crl.A.No.1153 of 2018 - : 3 :-
either in the first Medical Certificate, dated 20.10.2022, which has
been issued by the Head of the Department of Neuromedicine of that
Private Medical College nor in the subsequent Certificate dated
02.12.2022, issued by the Assistant Professor, wherein the specific
stand was that rehabilitation and physiotherapy is required only for
two more weeks. Therefore, we have strong reasons to now prima
facie doubt the correctness of the new stand taken by the Assistant
Professor in her latest Certificate dated 15.12.2022. Learned counsel
for the applicant submits that the applicant is completely bedridden
and requires physiotherapy and that physiotherapy could be
completed within one month's time.
4. We expressed our view to both the counsel for the applicant
and the learned Prosecutor that such Medical Certificate as above
tends to create a doubt in the mind of the Court and correctness of
the same may have to be verified. Learned counsel for the applicant
submits that the medical records of the applicant from the Private
Medical College can be made available, for examination by any
experts of the Government Medical College Hospital. The applicant is
now stated to be residing in Alappuzha. The applicant will take steps
CRL.A No.1153/2018 5/7
Crl.M.A.No.2 of 2022 in
Crl.A.No.1153 of 2018 - : 4 :-
to ensure that the applicant's medical papers as well as copies of the
above said Medical Certificate dated 20.10.2022, issued by the Head
of the Department of Neuromedicine of the above Private Medical
College, the certificate dated 02.12.2022, issued by the Assistant
Professor of the Neurology Department of the above Private Medical
College and the latest Certificate dated 15.12.2022, issued by the
Assistant Professor of the Neurology Department of the above
Private Medical College shall be made available to the Head of the
Department of Neurology of Government Medical College Hospital,
Alappuzha, without any other delay. The Neurology Department of
the Government Medical College Hospital, Alappuzha will go through
the medical papers as well as copies of the above said Medical
Certificate dated 20.10.2022, issued by the Head of the Department
of Neuromedicine of the above Private Medical College, the
certificate dated 02.12.2022, issued by the Assistant Professor of the
Neurology Department of the above Private Medical College and the
latest Certificate dated 15.12.2022, issued by the Assistant Professor
of the Neurology Department of the above Private Medical College.
The Specialist Neurologist of the Neurology Department of the
CRL.A No.1153/2018 6/7
Crl.M.A.No.2 of 2022 in
Crl.A.No.1153 of 2018 - : 5 :-
Government Medical College Hospital, Alappuzha, will examine those
papers and give a report to the learned Senior Government Pleader as
to the correctness or otherwise of the aspects stated in the above three
Medical Certificates, more particularly, about the correctness of the
latest Certificate dated 15.12.2022.
The interim bail granted earlier will stand extended till
12.01.2023.
List the Crl.M.A on 12.01.2023.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/--
SOPHY THOMAS, JUDGE
DSV
23-12-2022 /True Copy/ Assistant Registrar
CRL.A No.1153/2018 7/7
23-12-2022 /True Copy/ Assistant Registrar
