Kerala High Court Denies Anticipatory Bail To Accused For Allegedly Assaulting HIV Patient In Care-Home

Kerala High Court denies anticipatory bail to the accused who allegedly tied an HIV patient in their care home to the window and beat her with a wooden log. She suffered multiple fractures. The complaint was given by the victim herself.

The Investigating Officer submitted before the Court that it is learnt that the petitioners treat their inmates in a very inhuman manner. He stated that custodial interrogation and recovery is necessary for full investigation.

The petitioners denied all allegations. They submitted that the petitioner has low immunity as she is suffering from HIV. She is suffering from osteoporosis. The fractured occurred due to the disease. They further contended that the victim has some mental abrasions and the petitioner had informed about this to the Mental Health Centre.

The Court had directed the Government Medical College Hospital to examine the victim. The Head of Orthopedics told the investigating officer that the fractures were due to assault. The Consulting Psychiatrist of Medical College reported that the victim had told her that she was brutally assaulted by the petitioners.

Petitioner's bail application was rejected by the Ernakulam Sessions Court with the observation that the materials establish petitioner's involvement in the crime.

Justice C. S. Dias observed that the prima facie materials establish petitioner's involvement in the crime. The Court refused to grant them anticipatory bail saying that custodial interrogation is necessary and recovery is to be done.

Counsel of the Petitioners: Advocates Vinod S. Pillai, Ahammad Sachin K., Jerry Peter

Counsel of the Respondents: Senior Public Prosecutor Adv. C. S. Hrithwik, Public Prosecutor Adv. K. R. Ranjith

Case No: Bail Appl 4760 of 2024 

Case Title: Suresh and Others v State of Kerala

Citation: 2024 LiveLaw (Ker) 433