GOPALAKRISHNAN ALIAS RAJAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for Bail under Section 439 of the Code of Criminal Procedure, filed by the accused in Crime No. 19 of 2007 of the Rajakkad Police Station.

(2.) The petitioner is accused of having committed offence under Section 328 of the Indian Penal Code. The petitioner was arrested on 2-4-2007 and he was detained in judicial custody.Bail Application filed by the petitioner before the Court of the Judicial Magistrate of the First Class, Adimaly was dismissed by the order dated 4th April 2007.

(3.) The prosecution case is that the accused, the father of the defacto complainant, due to his hatred towards his wife Santhamma and with an intention to cause hurt to her, mixed poison in the Ayurvedic medicine kept for the use of Santhamma in the night of 24-1-2007. Santhamma consumed the medicine at about 8.30 A.M. on 25-1-2007. She felt uneasiness.She informed Dr.Baiju who prescribed the medicine. The doctor directed to send the medicine to him. The medicine was taken to the doctor by Ajesh, who is an employee of Biju, son of Santhamma. The doctor consumed a portion of the medicine. The condition of Santhamma became worse and she was taken to the hospital. The doctor also felt uneasiness. He vomited. The doctor was taken to the Taluk Hospital, Adimaly. Though initially he showed symptoms of recovery, later his condition became critical and he was taken to another hospital at Kothamangalam, where he was treated as an inpatient for eight days. Thereafter, the doctor was shifted to Medical Trust Hospital, Ernakulam.He was treated at Medical Trust Hospital for a month. He was all throughout unconscious.Due to financial stringency, the doctor could not continue his treatment there and he was shifted to another hospital at Moovattupuzha.The doctor is continuing treatment there and he continues to be unconscious.