IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25398 of 2011(Y) -------------------------- PETITIONER(S): --------------- VENKITA RAMAN, S/O.MARRI, AYYODHYAPATTANAM, VAZHIGILADI PADI BHAGOM, VAZHAPADDI TALUK, SELAM DISTRICT, TAMIL NADU. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. FOREST RANGE OFFICER, KARIMUTTY FOREST STATION, CHINNAR WILD LIFE SANCTUARY-685 620. 2. DEPUTY RANGER, FOREST STATION, KARIMUTTY, CHINNAR WILD LIFE SANCTUARY-685 620. 3. SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686 001. GOVERNMENT PLEADER SRI.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.25398/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPORT SUBMITTED BY R1. P2 COPY OF THE ORDER IN BA.7706/11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 25398 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 27th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the first accused in O.R.No.8/2011 of Karimutty Forest Station. He is presently undergoing treatment in the Medical College Hospital, from 01.09.2011. Meantime, he approached this Court by filing an anticipatory bail application numbered as B.A.No.7706/2011. In that case, this Court passed Ext.P2 order, directing the petitioner to surrender before the investigating officer on 29.09.2011 or 30.09.2011. According to the petitioner, he wants to shift to the Medical Trust Hospital, Ernakulam for better treatment and that on account of the pressure of respondents 1 and 2, the third respondent is not discharging him from the hospital. 2. The learned Government Pleader has obtained instructions in the matter and submits that, as per the medical records available, petitioner is almost recovered W.P.(C) No.25398/2011 : 2 : from his ailments. It is stated that the idea of the petitioner is to get discharged from the hospital and to abscond and escape from the process of law. 3. Having regard to the directions issued by this Court in B.A.No.7706/2011, until the petitioner is required to surrender before the investigating officer, he is entitled to be free. Therefore, if the petitioner so chooses, the respondents cannot prevent him from getting discharged from the hospital. At the same time, the apprehension of the respondents that the petitioner will abscond also has to be taken into account and from the submissions made by the respondents, it appears that the officers are already on surveillance duty. 4. Taking note of all these, I direct that it will be open to the petitioner to seek discharge from the hospital. However, it will be open to the officers of the Forest Department to accompany the petitioner so that their apprehension that the petitioner will abscond and escape W.P.(C) No.25398/2011 : 3 : from legal process, is duly redressed. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/27/09 // True Copy // P.A. To Judge