Kerala High Court
Dr.Ramesh Mathews vs State Of Kerala on 11 April, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
Bail Appl..No. 7451 of 2018
CRIME NO. 1009/2018 OF Koothattukulam Police Station , Ernakulam
PETITIONER/S:
1 DR.RAMESH MATHEWS
AGED 44 YEARS
S/O.DR RAJAN MATHEWS, CHILDRE'S MEDICAL CENTRE,
KOZHENCHERRY POST, PATHANAMTHITTA DISTRICT - 689641.
2 DR. RAJAN MATHEWS
AGED 75 YEARS
CHILDRE'S MEDICAL CENTRE, KOZHENCHERRY POST,
PATHANAMTHITTA DISTRICT - 689641.
3 SUSAN MATHEWS
AGED 75 YEARS
W/O.DR RAJAN MATHEWS, CHILDRE'S MEDICAL CENTRE,
KOZHENCHERRY POST, PATHANAMTHITTA DISTRICT - 689641.
BY ADVS.
SRI.AJIT G.ANJARLEKAR
SRI.GOVIND PADMANAABHAN
SRI.G.P.SHINOD
SRI.RAM MOHAN.G.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH
COURT OF KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER
KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM POST,
ERNAKULAM DISTRICT - 686 662.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7451 of 2018
2
ALEXANDER THOMAS, J.
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B.A.No.7451of 2018
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Dated this the 11th day of April, 2019
ORDER
Petitioners are accused 1 to 3 among the 5 accused in Crime No.1009 of 2018 of Koothattukulam Police Station, which has been registered for the offences punishable under Secs.120-B, 465 and 34 of the IPC.
2. The gist of the prosecution case is that the three petitioners herein 1 to 3 are husband, father-in-law and mother-in- law respectively of the lady defacto complainant and accused 4 to 5 are the doctor and Manager of the hospital concerned and that the accused person in furtherance of their intention of portraying the lady defacto complainant as a mental patient before the society and to cause defamation to her reputation, conspired together to create a forged document to show that the lady defacto complainant was treated in Santhula Hospital, Vadakara, Koothattukulam as a mental patient between the period 25.11.2011 to 28.11.2017 and thereby they Bail Appl..No. 7451 of 2018 3 committed the aforesaid offences.
3. It is now submitted by Sri.Ajit G Anjarlekar, the learned counsel appearing for the petitioners that the first petitioner herein (A1), who is the husband of the lady defacto complainant has filed Crl.M.C.No.7336/2018 before this Court seeking quashment of the impugned F.I.R registered in Crime No.1009 of 2018 of Koothattukulam Police Station in which this Court has passed an interim order directing the police authorities not to initiate coercive proceedings including arrest against the petitioner in relation to the above crime. Later, when Crl.M.A.No.1 of 2018 in Crl.M.C.No.7336 of 2018 was taken for consideration, the learned Public Prosecutor on instructions has submitted that the investigation conducted till date does not reveal that the certificate which is dated 28.11.2013 is forged or that it was procured by the petitioners for portraying the defacto complainant as a mental patient. The said order dated 22.11.2018 of this Court in Crl.M.Appl.No.1/2018 in Crl.M.C.No.7336/2018 reads as follows :
"The learned Public Prosecutor on instructions submits that the investigation conducted till date does not reveal that the certificate which is dated 28.11.2013 is forged or that it was procured by the petitioners for portraying the defacto complainant as a mental patient. Having regard to the facts, interim order will stand extended period of three weeks".Bail Appl..No. 7451 of 2018 4
4. Having heard both sides and taking into account of the above said orders passed by this Court in the above said Crl.M.C, this Court is of the view that the anticipatory bail could be granted to the petitioners herein, as even now the investigating agency has no clear idea as to whether the document in question has been forged by the accused persons or whether it is a genuine document. Accordingly, the following orders and directions are passed :-
(i) The petitioners shall personally appear before the Investigating Officer in relation to Crime No.1009 of 2018 of Koothattukulam Police Station and to subject themself for interrogation process and they shall be fully co-operate with the investigation Process.
(ii) After completing the above interrogation process, in case the Investigating Officer arrest the petitioners in relation to the abovesaid crime, then they shall be released on bail on each of them executing separate bonds for Rs.40,000/- (Rupees Forty Thousand only) each and on separately furnishing two solvent sureties for the likesum each to the satisfaction of the Investigating Officer concerned.
Further it is ordered that it will be subject to the following conditions:-
(a) Petitioners shall not involve in any criminal offences of similar nature.
(b) Petitioners shall fully co-operate with the investigation.
(c) Petitioners shall report before the Investigating Officer as and when required in that connection.
(d) Petitioners shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.Bail Appl..No. 7451 of 2018 5
If the petitioners violate all or any of the bail conditions, then the jurisdictional court concerned will stand hereby authorised, to consider the plea for cancellation of bail, if required, in accordance with law.
With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS SMA JUDGE Bail Appl..No. 7451 of 2018 6 APPENDIX PETITIONER(S)' ANNEXURES :-
ANNEXURE-A : A CITIZEN COPY OF THE F.I.R IN CRIME NO.1009 OF 2018 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM RURAL DISTRICT.
ANNEXURE-B : A TRUE COPY OF THE WPC NO.12118 OF 2018 (WITHOUT EXHIBITS) FILED BY THE DE FACTO COMPLAINANT BEFORE THIS HONOURABLE COURT.
ANNEXURE-C : A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY PETITIONERS 1 AND 2 IN WPC NO.12118 OF 2018 ALONG WITH THE RELEVANT EXHIBIT.
RESPONDENT(S)' ANNEXURES :- NIL SMA