Disposed

Dr.Srikanth Valasapalli v. State of Kerala

Kerala HC2 Nov 2017Bail Appl./5898/2017

Case brief

AI extract

What is this about?

Two doctors sought pre-arrest bail apprehending criminal action under Section 304 IPC for alleged negligence leading to a death. The court noted they were not yet arraigned. It directed the police to issue notice under Section 41A Cr.P.C. if their presence was necessary for investigation. The pending expert committee report may affect future action. (Paragraphs 24-28)

What did the court decide?

Applications disposed of; police directed to give notice under Section 41A Cr.P.C. if presence of applicants needed for investigation.

Dr.Srikanth Valasapalli Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 2ND DAY OF NOVEMBER 2017/11TH KARTHIKA, 1939

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Bail Appl..No. 5898 of 2017 ()

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CRIME NO.2666/2017 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT.

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APPLICANTD:

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1. DR.SRIKANTH VALASAPALLI

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S/O.RAMA RAO, AGED 28 YEARS, FLAT NO.1, AVAS APARTMENT, POONTHI ROAD, KUMARAPURAM, THIRUVANANTHAPURAM-695011.

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2. DR.PATRIC PAUL, S/O.COL, PAUL. V.P, AGED 27 YEARS, FLAT NO.303, P.T.CHACKO NAGAR, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM.

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BY ADVS.SRI.AUGUSTINE JOSEPH

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SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM - 682031.

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BY PUBLIC PROSECUTOR SRI.SUMAN CHAKRAVARTHY (FOR DGP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2017 ALONG WITH BA. 6623/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

P.UBAID, J.

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B.A Nos.5898 & 6623 of 2017

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~~~~~~~~~~~

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Dated this the 2^nd November, 2017

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O R D E R

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The petitioners in these two applications are Doctors by profession. They seek pre-arrest bail on the apprehension of arrest by the Kottiyam Police in a proceeding initiated by the Police in connection with the unfortunate death of one Murugan. Investigation is now proceeding under Section 304 I.P.C. The crime was initially registered under Section 174 Cr.P.C as Crime No.2666/2017. But later, on the basis of some materials or on some extraneous demands, the Police proceeded for investigation under Section 304 I.P.C. This trend is really alarming. It appears that the allegation against these petitioners is that Murugan died only because they denied timely treatment to Murugan. Whether that will come under Section 304 I.P.C is a different issue. Anyway, now there is report by the Investigating Officer that these two petitioners have not so far been arraigned as accused in the crime, and that decision in that line will be taken only after getting some expert opinion. The report also shows that the Government has constituted a Medical Board to enquire

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B.A Nos.5898 &6623 of 2017

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into the factual aspects regarding the circumstance in which Murugan died, and the Police would take further action and arraign accused only after getting the report of the experts. At present, it is reported, these petitioners are not accused in the said crime. If so, there is no question of the petitioners being arrested. However, the petitioners apprehend criminal action against them in due course.

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In case the presence of these petitioners is felt necessary as part of investigation, as accused or otherwise, they will have to be given due notice under Section 41A of Cr.P.C. The report of the Investigating Officer is recorded. Accordingly, these two applications are disposed of, with a direction to the Police that in case the presence of these petitioners is felt necessary as part of investigation in Crime No.2666/2017 of the Kottiyam Police Station, due notice shall be given to them under Section 41A Cr.P.C and all further proceedings under section 41A Cr.P.C shall be fully in accordance with the said Section, and in terms of the spirit of the said Section.

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P.UBAID JUDGE

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/True copy/ P.S to Judge

Dr.Srikanth Valasapalli v. State of Kerala

Case brief

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Dr.Srikanth Valasapalli v. State of Kerala

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