RAVEENDRAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure.

(2.) The petitioner is a homoeopath who is arrayed as an accused in Crime No.1026 of 2017 of Palakkad Town North Police Station registered alleging offence punishable under Section 420 of the IPC.

(3.) The petitioner is running a Homoeopathic clinic by name 'Homoeo Medical & Research Centre' at Palakkad. The son of the de facto complainant was suffering from acute Lymphoblastic Leukaemia. He was undergoing Chemotherapy at the Christian Medical College, Velloor and his disease was in the terminal stage. The de facto complainant was informed by a person whom he met at CMC Vellore, that the petitioner herein was imparting treatment for this disease. He took the number of the petitioner from that person and came down to his institute. The petitioner assured him total cure for this terminal disease. Believing his words, he got his son discharged from CMC, Vellore and admitted him in the petitioner's institute. After three months, it was noticed that the disease had aggravated. His son had to be shifted to the Malabar Cancer Centre at Thalassery. However, life could not be saved and he passed away on 31.08.2016. According to the de facto complainant, he had to spend a sum of Rs.40,000/- towards treatment, at the petitioners institute and if it was not for the false assurance, he would not have shifted his son to the institute of the petitioner .