George Koshy.K vs State Of Kerala

P.G. Ajithkumar, J

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

The petitioners are the accused in Crime No.566 of 2023 of Malayalapuzha Police Station. They allegedly committed the offences punishable under Sections 451, 447, 323 and 506 read with Section 34 of the Indian Penal Code, 1860 and Section 3 read with Section 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

The prosecution allegation is as follows:-

The de-facto complaint is the Administrator of Ayyappa Medical College Hospital, Kumbalathaman in Wadasserikkara Village. There exists disputes between the defacto complainant and 1st accused regarding the ownership of the said hospital. In connection with that the 1st accused along with three others including the petitioners, reached at the hospital at about 10.30 AM on 16.11.2023 and inside the room of the Chairman, the 2nd accused threatened the defacto complainant and the Superintendent. The 2nd accused manhandled Dr.Gladia in that room and another doctor. Dr.Christy was also assaulted by the 2nd accused.

The petitioners apprehend that they will be added as accused Nos.3 and 4 and arrested in the crime.

The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they were implicated in the crime.

The Sub inspector of Police, Malayalapuzha Police Station has submitted a report, through the learned Public Prosecutor, objecting the grant of bail to the petitioners.

This Court as per Annexure – A4 order dated 20.12.2023, directed accused Nos.1 and 2 to surrender before the Investigating Officer and on their surrender to be released on bail. Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioners during the period of investigation is not necessary in this case.

In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of their being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for; and

(iii) During the bail period, they shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.