IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 4174 of 2009 CRIME NO.259 OF 2009 OF HARIPAD POLICE STATION CRMP.1740/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA PETITIONER/ACCUSED NO.1 -------------------------------------- RAJU, S/O.GANGADHARAN, VALUCHIRA VEEDU, KARUVATTA, KARUVATTA P.O. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. CIRCLE INSPECTOR OF POLICE, HARIPPAD POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HARIPPAD POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2009, ALONG WITH B.A.NO.4210 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.4174 and 4210 OF 2009 ------------------------------------------------------ Dated this the 5th August, 2009 O R D E R B.A.No.4174 of 2009 is filed by accused No.1, while B.A.No.4210 of 2009 is filed by accused No.5 in Crime No.259 of 2009 of Haripad Police Station for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 294(b), 323, 324, 326, 447, 427 and 308 of the Indian Penal Code. 3. The incident occurred on 5.5.2009. Five persons sustained injuries in the incident. 4. Learned counsel for the petitioner in B.A.No.4210 of 2009 submitted that in the First Information Statement, the name of one Appu is shown. The petitioner is Appukuttan @ Appu and he is in no way connected with the offence. On perusal of the case diary, it is seen that the witnesses stated that Arupathil Chirayil Appu was involved in the B.A. NOS.4174 AND 4210 OF 2009 :: 2 :: offence. House name of the petitioner is shown in the Bail Application as 'Arupathilchira'. Prima facie, I am not inclined to accept the contention of the petitioner in B.A.No.4210 of 2009. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained and the allegations levelled against the petitioners, I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 6. The Bail Applications are accordingly dismissed. 7. I have carefully perused the photostat copies of the accident register-cum-wound certificates, six in number, issued by the Medical Officer. The photostat copies are clear copies. But, the certificates as such are incomplete and illegible. The certificates do not contain all the relevant details. Even the name of the Medical Officer cannot be deciphered from the wound certificates. The column for mentioning identification marks of the victims is left blank in the certificates. The column “by whom brought and the date and number of the requisition brought by him” is left blank. The details of the injuries are noted but they are not readable at all. Columns 11 to 17 are also left blank. The details B.A. NOS.4174 AND 4210 OF 2009 :: 3 :: to be furnished in these columns are very relevant for the purposes of the cases. 8. In medico legal cases, the wound certificates are highly relevant. The wound certificate has to be duly proved in accordance with law. The Courts would rely on the wound certificates for the purpose of disposal of the cases. To comprehend the nature and magnitude of the offence, it is necessary to understand the nature of the injuries sustained by the victims. If the wound certificates are illegible and if they do not contain the relevant details, the Courts would not be in a position to properly appreciate the evidence and effectively dispose of the cases. Even in the matter of considering regular bail applications and applications for anticipatory bail, reliance is often placed on the accident register-cum-wound certificate. It is noticed that in many of the cases which came up for consideration during the last two months, the wound certificates were incomplete, illegible and were not properly prepared. In many of the certificates, abbreviations, marks and signs were seen used, which are normally known only to medical practitioners. The Medical Officers and the persons who are responsible for issuing the wound certificates do not seem to take proper care to fill up all the relevant columns and to incorporate all the relevant details therein. This would cause great difficulty for the Courts while considering and disposing of the B.A. NOS.4174 AND 4210 OF 2009 :: 4 :: matters pending before them. The accused persons are entitled to get a copy of the accident register-cum-wound certificate along with the copy of the papers to be given to them. They also must be in a position to understand the contents of the wound certificates. Otherwise, it could be contended that there was no proper communication of the contents of the wound certificates. 9. I am of the view that it is necessary to direct the Secretary to the Health and Family Welfare Department to issue appropriate directions to the Director of the Health Services to see that in medico legal cases, the accident register-cum-wound certificates are issued properly by the persons concerned. I do so. Appropriate circulars or instructions shall be issued by the Director of Medical Services in this regard to all the hospitals and health centres who are expected to deal with medico legal cases. Copy of this order shall be forwarded to the Secretary, Health and Family Welfare Department to take appropriate follow up action within a period of two months. (K.T.SANKARAN) Judge ahz/