2 Aug 2023 11:30 AM GMT
Sandeep, the sole accused in the brutal murder of the 23 year old house surgeon Vandana Das, has approached the Kerala High Court seeking bail.The matter is before the Single Judge Bench of Justice Ziyad Rahman A.A.In May 2023, the house surgeon on duty at Kottarakkara Taluk Hospital, Dr. Vandana Das, was allegedly stabbed multiple times by Sandeep, who is a school teacher. The alleged...
Sandeep, the sole accused in the brutal murder of the 23 year old house surgeon Vandana Das, has approached the Kerala High Court seeking bail.
The matter is before the Single Judge Bench of Justice Ziyad Rahman A.A.
In May 2023, the house surgeon on duty at Kottarakkara Taluk Hospital, Dr. Vandana Das, was allegedly stabbed multiple times by Sandeep, who is a school teacher. The alleged attacker was brought to the hospital by the police for treatment of his injuries. The prosecution case is that while the petitioner was being treated, he turned violent and stabbed Dr. Das with dressing room scissors. It was alleged that despite the victim-doctor attempting to flee from the attack, the petitioner-accused followed her and proceeded to attack her.
The petitioner was accordingly booked for offences punishable under Sections 341 ('Punishment for Wrongful Restraint'), 324 ('Voluntarily causing hurt by dangerous weapons or means'), 333 ('Voluntarily causing grievous hurt to deter public servant from his duty'), 307 ('Attempt to murder'), and 302 ('Punishment for Murder') of the IPC, read with Sections 4 and 3 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (Prohibition of violence and penalty for the violation of the same), and Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 ('Punishment for committing damaging act').
The petitioner avers that the investigating agency declined to provide him legal assistance and that even in Court, the petitioner was unable to freely communicate with his lawyers.
The petitioner submits that the entire allegation against him is a 'cooked up story' by the Prosecution, and that there is no prima facie case made out against him. He states that he is innocent and was arrested merely on suspicion by the Police.
The petitioner also submits that at the time of doing the act, by reason of unsoundness of mind and under the influence of sedative medicines, he was incapable of knowing the nature of the act, or that what he was doing was wrong or contrary to law.
The petitioner avers that no police officer has the right to leak out information regarding the outcome of the investigation until the final report is filed in the Court, but the police in this case had violated the said norms.
"This fact remains as it is, the cases may attract either justifiable or uncalled for media publicity and there is a tendency among certain sections of the public to draw sustenance, even from unconfirmed sources, including the police, in order to boost their garbled versions, and the petitioner submits that it has to be considered at the time of the bail petition," the plea states.
The petitioner also adds that in order to attract Section 302 IPC, there ought to be an intention to cause death, which is not found in the present case. The petitioner thus states that since he has not caused Dr. Vandana's murder, his further incarceration is not required.
The plea has been moved through Advocates B.A. Aloor, K.P. Prasanth, Archana Suresh, Haritha Hariharan, and Ailin Elezabeth Mathew.
Case Title: Sandeep v. State of Kerala
Case Number: BAIL APPL. 6522/ 2023