IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 3000 of 2010() ----------------------------- (Crime No.163/2010 of Valanchery police station) .................... : PETITIONER/IST ACCUSED ------------------------------------------ DR.N.MOHAMMED ALI, S/O.KOYANNI HAJI, NADAKKAVIL HOUSE, VALANCHERI. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENT AS STATE ---------------------------------- 1. THE SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 3000 OF 2010 ------------------------------------------------- Dated this the 25th day of May, 2010. ORDER This petition for Anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 326, 307 read with Section 149 of Indian Penal Code. According to prosecution, the petitioner (accused No.1) who is the Managing Director of hospital along with other accused formed into an unlawful assembly and committed various offences. Petitioner allegedly shouted to kill the defacto complainant's brother. He also beat the defacto complainant's brother and pushed him out while the other accused beat him and two other persons with iron rods and they also kicked them. The defacto complainant's brother sustained to his head and he was admitted in the hospital. 3. Learned counsel for the petitioner submitted that the incident did not occur as alleged. Petitioner is innocent of the allegations made. A patient by name Sajini was admitted in the hospital for delivery. She had leakage of fluid and hence the doctor advised for Cesarean. The patient's relatives objected to this in the beginning and consent was given only by 12 a.m. Cesarean was done at 12.30 a.m. But the child was not quite healthy and the B.A.NO. 3000 OF 2010 2 doctor advised the child to be taken to another hospital and accordingly the child was taken also. 4. Thereafter the child died from the other hospital. In the meantime political parties intervened, alleging that the child died because of the medical negligence of the doctor and the hospital and several incidents happened in the hospital. On one such incident, defacto complainant's brother was injured due to a fell and sustained injuries but the petitioner or other accused had no role in the same. The injury sustained is only minor. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that the injured was beaten with iron rod and he sustained serious injury on the head. He was under the treatment of Neuro Surgeon and was at ICU. He sustained sub orachoid haemorage on the brain. He also sustained contusion on the left temporal parietal region. He also had lacerated wound of considerable measurement. He was admitted with bleeding from the nose and also the mouth. 6. On hearing both sides, on perusal of the case diary and medical records, I find that this is not a fit case to grant anticipatory B.A.NO. 3000 OF 2010 3 bail. The materials in the case diary prima facie reveal petitioner's involvement. There is nothing to suggest he was not involved. This petition is dismissed. K.HEMA,JUDGE. pm