IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 5596 of 2008() ----------------------------- CRIME NO.175/2006 OF MUHAMMA POLICE STATION PETITIONER/ACCUSED -------------------------------------- D.RAGHUVARAN, AGED 55, W/O.DAMODARAN, RAJU NIVAS, PONNAD, WARD NO.3 OF MANNANCHERRY PANCHAYAT, MANNANCHERRY, ALAPPUZHA DISTRICT. BY ADV. SRI.A.N.RAJAN BABU RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, MARARIKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5596 of 2008 ------------------------------------------------- Dated this the 13th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 304 IPC. According to prosecution, petitioner who is running a medical shop, administered an injection on the deceased Salim, on 2.10.2006, as an alleged treatment for Chikun gunia. Because of this injection, the patient developed infection and though he was taken to the Medical College Hospital, he died on 4.10.2006. The investigation reveals that the petitioner's acts have caused the death of the deceased Salim and on a complaint filed by his brother-in-law of the victim, a crime is registered against the petitioner. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. The patient was treated in the Medical College Hospital and he died only at the hospital. It is not correct to say that the petitioner has done anything to cause the death. 4. This petition is opposed. Learned public prosecutor BA No.5596/08 2 submitted that the case diary reveals that the petitioner has administered an injection using a non-sterile needle and he has treated the patient though he has no qualification for treating him. He is only conducting the medical shop. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, on consideration of the nature of allegations made, I am satisfied that it is not a fit case to invoke discretionary powers under Section 438 Crl.P.C. It can also be seen that the crime was registered as early as in October 2006 and though two years have elapsed, petitioner could not be arrested. In the nature of allegations made, for the purpose of investigation, petitioner's interrogation will be required. Hence, petitioner is directed to surrender before the Investigating Officer within ten days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl