IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8223 of 2011() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7287/2011 CRIME NO.748/2011 OF KOTTAYAM WEST POLICE STATION KOTTAYAM DISTRICT .................... PETITIONERS: ----------------- 1. JOBY THOMAS, S/O.THOMAS, AGED 28 YEARS, RESIDING AT NELLIPPALLY HOUSE, VAZHAPPALLY EAST KARA, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. SONY JOHN THOMAS, S/O.SUNNY THOMAS, AGED 30 YEARS, RESIDING AT PARAKKAL HOUSE, VADAVAATHOUR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT. 3. NINU S.CHANDRAN, S/O.SATHEESH CHANDRAN, AGED 36 YEARS, RESIDING AT ARRAKKAL MANIMANDIRAM HOUSE, KARAPUZHA KARA, KOTTAYAM VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.ANIL D.KARTHA SRI.V.AJITH KUMAR RESPONDENT(S): --------------------- 1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8223 OF 2011 -------------------------- Dated this the 15th day of November, 2011. O R D E R The petitioners are accused Nos. 1 to 3 in Crime No.748/2011 of Kottayam West Police Station for the offence under Sections 341, 323, 294(b) r/w Sections 3 & 4 of the Health Care Service Persons and Health Care Institutions Ordinance, 2010. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner along with others moved an application before this court as B.A.No.7287 of 2011. Recording the submission of the learned Public Prosecutor that the petitioners were not made accused so far that petition was dismissed by order dated 07-09-2011. Now petitioners would content that they were given notice. Thereupon, they rushed to this court with this petition. 2. Having heard either side, I find that though the offence under Sections 3 & 4 of the Health Care Service Persons and Health Care Institutions Ordinance, 2010 is non bailable, normally, there is no reason to reject bail in the event of petitioners apply for regular bail. The petitioners could have in the circumstance, applied for regular bail under Section 438 of the Code of Criminal Procedure. In the above circumstance, this petition B.A. NO. 8223 OF 2011 2 is dismissed with liberty of the petitioner to apply for regular bail, which shall be disposed by the learned Magistrate as far as possible, on the same day itself, provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk