Casual Approach Of Courts In Dealing With Attacks On Health Personnel Also Contributes To Tendency Of Resorting To Such Violence: Kerala High Court

The Kerala High Court recently set aside the bail granted by a sessions court to two persons who allegedly a attacked a doctor after a woman gave birth to a still-born child at the hospital.

A single bench of Justice Bechu Kurian Thomas expressing concern about the continued attacks on doctors observed:

“Doctors continue to face threats, when a mishap occurs to a patient. Even for the slightest provocation, health personnel are attacked. Despite legislation prevailing in the State of Kerala and the repeated court orders to treat attacks on health personnel as a serious crime, violence against them recur. The casual approach adopted by the courts while dealing with instances of attacks on health personnel also contribute to the tendency to resort to such violence.”

The court was hearing a plea filed by a doctor under Section 482 of the CrPC for setting aside the bail granted to his assailants. Two persons had allegedly attacked the doctor as a result of which he suffered a nasal fracture. An FIR was registered against the assailants for offences under Sections 323, 325, 427, 506 and 308 r/w section 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damages to Property) Act, 2012.

The accused had first approached the Additional Sessions Court, Kozhikode, for anticipatory bail, which was denied on the ground that custodial interrogation of the accused persons was necessary. However, when the accused approached the Principal Sessions Court a few days later and surrendered, they were granted bail on the same day. This was challenged by the doctor contending that the bail order was passed without application of mind, and without considering the seriousness of the allegations.

Adv S Rajeev appearing for the petitioner argued that the offences under Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damages to Property) Act, 2012, were not even referred to in the bail order and there was no reasoning given for grant of bail, which showed non application of mind by the Sessions Judge. The Principal Sessions Court also failed to take into consideration the fact that the Additional Sessions Judge had rejected the bail application specifically stating that custodial interrogation of the accused was essential, the counsel for the petitioner argued.

On the other hand, Adv T Shajith and Adv. A Ranjith Narayanan appearing for the accused argued that the attack was an emotional outburst triggered by the death of a foetus and could not be considered a criminal act. It was also contended that the medical records showing fracture of the nasal bone and other injuries related to the incident were falsified and could not be relied on.

The court referred to the decision of Arun P. v. State of Kerala and Others MANU/KE/2421/2022 which observed that as per Section 4(4) of the Healthcare Act, 2012 the harm caused to healthcare professionals in the discharge of their duties is to be treated as violence and is a non-bailable offence.

The court observed that the bail order of the Sessions Judge did not provide any details regarding the facts of the case, or the offences that the accused have been charged with or even the reasons for granting bail. It also observed that the Sessions Court failed to examine the nature of the injury sustained by the doctor or the observation of the Additional Sessions Judge that custodial interrogation was required.

“All these and more compel this Court to observe that perversity is writ large in the order of the learned Sessions Judge,” the court stated while setting aside the bail granted to the accused.

Cause Title: Dr. P K Asokan V State of Kerala

Citation: 2023 LiveLaw (Ker) 171

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