IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST JANUARY 2007 / 11TH PAUSHA 1928 Bail Appl..No. 7327 of 2007() ----------------------------- CRIME NO.322/07 OF NOORANAD POLICE STATION PETITIONER --------------------------- DR. RAVEENDRANATHA PANICKER, MAMPILAL, KUDASSANADU P.O., PANDALAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: ------------- S.I. OF POLICE, NOORANAD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, ALONG WITH BA NO. 7334 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 7327 & 7334 OF 2007 ------------------------------------------------- Dated this the 1st day of January, 2008 ORDER The common petitioner in these two petitions face allegations in crimes registered for offences punishable, inter alia, under Secs.304A and 420 of the IPC. The crux of the allegations is that the petitioner, who does not have the requisite qualification to practice Allopathic medicine, indulged in such practice and such careless conduct and action on his part led to the death of two patients. 2. Crimes have been registered. Investigation is in progress. The petitioner apprehends imminent arrest. As per the interim directions issued on 17/12/07, the petitioner was given an opportunity to appear before the Investigating Officer and make all the requisite materials B.A. Nos. 7327 & 7334 OF 2007 -: 2 :- available before the Investigating Officer. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He is duly qualified to practice Homoeopathic medicine. He runs a hospital by name “MNKPM Hospital” at Nooranad. His wife is a registered Ayurvedic practitioner and his uncle is a registered Allopathetic practitioner. There has been no culpable conduct on his part. Unfortunately, the patients had expired and this had led to false allegations are being raised against him. He had never claimed to be competent to practice Allopathetic medicine; nor has been indulging in such practice. 4. The learned Public Prosecutor opposes the application; but confirms that the petitioner has requisite qualification to practice Homoeopathic medicine. 5. Having considered all the relevant inputs, I am satisfied that subject to appropriate conditions anticipatory bail can be granted to the petitioners. 6. In the result, these petitions are allowed. Following B.A. Nos. 7327 & 7334 OF 2007 -: 3 :- directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 7/1/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 8/1/08 and 9/1/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 7/1/08 as directed in clause (i) above, he shall be released on B.A. Nos. 7327 & 7334 OF 2007 -: 4 :- his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 7/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. Nos. 7327 & 7334 OF 2007 -: 5 :- R. BASANT, J. ------------------------------------------------- B.A. No. 7327 OF 2007 ------------------------------------------------- Dated this the 17th day of December, 2007 ORDER An affidavit has been filed by the Investigating Officer, submits the learned Public Prosecutor. I have heard both sides. There is a controversy about the circumstances under which the petitioner could not appear on 6/12/07 and 7/12/07 as already directed on 30/11/07. I accept the request of the learned counsel for the petitioner for one more specific opportunity to appear before the Investigating Officer. 2. It is accordingly directed that the petitioner must appear before the Investigating Officer between 10 a.m. and 1 p.m. on 24/12/07 and 26/12/07. Call on 1/1/08. The learned Public Prosecutor repeats the undertaking that the petitioner shall not be arrested till the next date of posting. The said undertaking accepted. Call on 1/1/08. B.A. Nos. 7327 & 7334 OF 2007 -: 6 :- (R. BASANT, JUDGE) Nan/