Kerala High Court
Raji R vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
BAIL APPL. NO. 10463 OF 2022
PETITIONERS/ACCUSED:
1 RAJI R,AGED 52 YEARS
THOPPIL VEEDU,SREE SARAVANA NAGAR- 273,
ERAVIPURAM P.O., KOLLAM, PIN - 691011
2 RAVEENA R,AGED 22 YEARS,THOPPIL VEEDU,
SREE SARAVANA NAGAR- 181,ERAVIPURAM P.O., KOLLAM, PIN -
691011
3 SUDHARMMA K,AGED 58 YEARS,THOPPIL VEEDU,
SREE SARAVANA NAGAR- 181,ERAVIPURAM P.O., KOLLAM, PIN -
691011
BY ADVS.
HARIKRISHNAN M.S.
SHAKTHI PRAKASH
K.DHRUV KUMAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION,
KOLLAM, PIN - 691011
OTHER PRESENT:
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.10463 of 2022 2
VIJU ABRAHAM, J.
-------------------
B.A. No.10463 of 2022
-----------------------------
Dated this the 11th day of January, 2023
ORDER
Application for anticipatory bail.
2. Petitioners are accused in Crime No.1781 of
2022 of Eravipuram Police Station, Kollam
registered alleging commission of offences
punishable under Sections 3 and 4 of the Kerala
Healthcare Service Persons and Healthcare Service
Institutions (Prevention of Violence and Damage to
Property) Act, 2012 and Sections 353, 448 and 34 of
IPC.
3. The prosecution allegation is that, the
accused persons, who had an animosity towards the
defacto complainant, a Government Doctor, as he had
refused to give them the medicines as demanded,
acted with the common intention to obstruct the
discharge of official duties of the defacto
complainant and barged into the Eravipuram Health
Centre at around 9.30 am on 19.12.2022 and spoke to
him rudely, and thereby committed the aforesaid
offences.
4. The petitioners submit that they have been
falsely implicated in the above said crime. The
petitioners further submit that the 3rd petitioner
is a patient and undergoing treatment for kidney
related ailments. The petitioners were admitted in
NS Hospital Kollam from 12.11.2022 to 18.12.2022.
As the medicines prescribed were not affordable to
the petitioners, they were referred to the
Eravipuram Health Centre to undergo post-discharge
medication. When they visited the Eravipuram
Health Centre in the first week of December, the
defacto complainant prescribed to the 3rd petitioner
to take one dosage of Erythropoietin injection I.P
4000 IU per week. Accordingly, the first dosage
was administered on 12.12.2022. When the
petitioners visited the Health Centre on 19.12.2022
for the second dosage, the nurse, namely Kavitha,
requested the doctor to not provide the dosage to
the 3rd petitioner, for opaque reasons best known to
her. The defacto complainant listening to the said
request, denied to provide the dosage. When the
petitioners requested the defacto complainant to
provide the reasons why the dosage is being denied,
he abused them in English and ordered them to get
out. When the petitioners informed that they will
report the unpleasant experience to the District
Medical Officer, the defacto complainant threatened
to file a false complaint against them. Thereupon,
the 3rd petitioner preferred a complaint before the
District Medical Officer, against the defacto
complainant as Annexure-2.
5. The learned Public Prosecutor upon
instructions submitted that, the petitioners have
obstructed the official duty of the defacto
complainant and spoke to him rudely.
Having regard to the facts and circumstances of
the case, and nature of the allegations, I am of
the opinion that custodial interrogation is not
required for the purpose of investigation and only
a limited custody be granted for the same. I am
inclined to grant anticipatory bail to the
petitioners, but on stringent conditions. The above
bail application is allowed with the following
directions. The petitioners shall surrender before
the investigating officer on 18.01.2023. In the
event of arrest of the petitioners in Crime No.1781
of 2022 of Eravipuram Police Station, they shall be
produced before the jurisdictional Magistrate on
the same day and be released on bail on the
following conditions:
(i) The petitioners shall execute a bond for sum
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) The petitioners shall appear before the
investigating officer in Crime No.1781 of 2022 of
Eravipuram Police Station, on every Saturday at 11
am, for a month and thereafter, as and when
summoned to do so;
(iii) The petitioners shall not tamper with any
evidence;
(iv) The petitioners shall not directly or
indirectly make any inducement, threat or promise
to any witness acquainted with them from
disclosing such facts to the court or to any
police officer;
(v) 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.1781 of 2022
of Eravipuram Police Station, may file an
application before the jurisdictional court for
cancellation of bail.
It is made clear that it is within the power of
the police to investigate the matter and if
necessary to effect recoveries on the information
if any given by any of the petitioners even when
the petitioners are on bail as per the judgment of
the Apex Court in Sushila Aggarwal and others v.
State (NCT of Delhi) and another (2020 (1) KHC
663).
sd/-
VIJU ABRAHAM,JUDGE
pm
