IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4142 of 2009(P) --------------------------------------- CRIME NO. 401/2008 OF VIYOOR POLICE STATION ........................ PETITIONERS/ ACCUSED -A1 & 2: -------------------------------------------------- 1. P.S. MURUKAN, AGED 44 YEARS, S/O. LATE MANI, 'ALANKAR VILLAGE', MAGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DIST. 2. G. VIVAK, S/O. V.K.G. NAIR, MANIMAGALAM VEEDU, CHERAYANADU P.O., CHENGANNUR TALUK, ALAPPUZHA DIST. BY ADV. SRI. AJITH MURALI RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4142 of 2009 ------------------------------------ Dated this the 11th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in Crime No.401/2008 of Viyoor Police Station. 2. The offence alleged against the petitioners is under Sections 306 read with Section 34 of the Indian Penal Code. 3. Dr.Asokan, who was working as an Assistant Professor, Medical College Hospital, Thrissur was found dead in his rented house on 29.06.2009. Apparently the death was due to hanging. The prosecution alleges that the petitioners have gone to the Medical College Hospital on that day and had enquired about Dr. Asokan. It is also alleged that they had met Dr. Asokan at his residence on that day. The first petitioner is running Jewellery at Kottayam, Chengannur and Kollam. Second petitioner is his friend. It would appear that Dr. Asokan had purchased certain Jewellery items from the Jewellery Shop of the first petitioner while Dr. Asokan was working in the Medical College Hospital, Kottayam and an amount of Rs.2,25,000/- was B.A. No. 4142 of 2009 2 due from him. The petitioners had met Dr. Asokan, the deceased, and requested to pay the balance amount due from him. The prosecution alleges that the petitioners asked the deceased as to why not he could commit suicide by hanging, if he was not in a position to pay the amount. It is alleged that they abetted the deceased to commit suicide. 4. The patients of Dr. Asokan did not see the Doctor in the house on the date of incident. They informed the person who is running a Medical Store in the vicinity. He came to the house. Another Doctor who is residing in the upstair portion of the house also came down and they found that the Doctor had committed suicide by hanging. The Post Mortem Certificate shows the opinion as to cause of death as follows. “The Post Mortem findings were consistent with death due to hanging. However there was infiltration of blood deep into strap muscles of neck and periosteum of hyoid bone on left side.” 5. The learned counsel for the petitioners submits that if the petitioners are arrested and detained in judicial custody, it would result in great prejudice to them. It is pointed out that Dr. Asokan, while working in the Medical College Hospital, B.A. No. 4142 of 2009 3 Kottayam, was kept under suspension on the allegation that he did not provide timely medical aid to a boy who was brought to the hospital and due to the negligence of Dr.Asokan, the boy died. It is also stated by the petitioners that there were allegations and proceedings against the deceased for having received bribery from the patients. It is submitted that the conduct of the deceased was such that the petitioners cannot be suspected of having committed the offence alleged by the prosecution. Learned counsel for the petitioners submitted that the petitioners are prepared to co-operate with the investigation and appear before the investigating officer for interrogation. 5. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the B.A. No. 4142 of 2009 4 investigating officer between 9 A.M and 1 P.M. on every alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln