High CourtsSingle Bench(2021) 07 KL CK 0236

Mathews Kallupura vs State Of Kerala

High Court Of Kerala · Decided on 20 July 2021

HON’BLE JUDGES
P. Somarajan, J
RESULT
Allowed
CASE NUMBER
Bail Application 5417 Of 2021

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Judgment

15 paragraphs · 275 words

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P. Somarajan, J

1.

Accused Nos.1 to 3 who were arrested on 13/07/2021 came up for regular bail on the reason that the offence alleged against them viz., Section

294(b), 353, 506(i) r/w Section 34 IPC and Section 3 of the Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of

Violence and Damage to Property) Act, 2012 are minor in nature. It is in connection with the death of one John on 21/05/2021 at 2.20 p.m. at a

hospital and the alleged delay in intimating the death to the concerned Police, the accused abused the duty doctor and attempted to cause damage to

the articles kept in the hospital. The complaint was lodged by the duty doctor after four days of the alleged incident. It is submitted that it is the result

of an after thought.

2.

Accused Nos.1 to 3 were arrested on 13.07.2021. What is alleged are only minor offences. As such, further detention of the accused persons in

judicial custody is not warranted. Bail is granted to the petitioners on executing a bond for Rs.20,000/- (Rupees twenty thousand only) each with two

solvent sureties each for the like sum to the satisfaction of the learned Magistrate within one month from today.

3.

Granting of bail will be subject to the condition that the petitioners shall not in any way induce directly or indirectly the defacto complainant or the

witnesses involved in the alleged crime and shall not tamper with the evidence. They shall appear before the investigating officer as and when

required. They shall not repeat any such offence during the bail period.

The application is allowed accordingly.