Attacks Against Doctors & Hospital Staff Are Continuing: Kerala HC Dismisses Anticipatory Bail Plea By Accused For Allegedly Attacking Lady Doctor

Dismissing the anticipatory bail application, Justice A. Badharudeen stated that a prima facie case was made out against the accused for attacking a healthcare professional.  The Court further stated that there is a continuing trend of abusing, assaulting and manhandling doctors and hospital staff for flimsy reasons.

“Recently, when repeated instances of such nature were noticed by the legislature, the legislature was forced to amend the Kerala Healthcare Service Persons And Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, in the year 2023, by incorporating Section 4, which provides for punishment for such acts and making the offence as non bailable. Even after introduction of the amendment, incorporating non bailable penal provisions, the attack against doctors and hospital staff not seen reduced and the present case is a typical example for the same. Here, the specific allegation as stated in paragraph No.4 of this order would go to show that the prosecution case is well made out, prima facie, and the Investigating Officer also wanted to arrest the accused for effectively investigating the case.”

The allegation was that the accused on March 18, 2024, abused the defacto complainant by using filthy words, caught hold of her right breast and beated on her left breast. It was further alleged that the accused snatched and broke her Thali chain.

The prosecution thus alleges the commission of offences punishable under Sections 354 (assault or criminal force to assault modesty of woman), 294(b) (obscene act or songs) and 323 (punishment for voluntarily causing hurt) of the IPC, Section 4(1)(i) of the Kerala Healthcare Service Persons And Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023.

The de facto complainant has also approached the Court via a writ petition (criminal) seeking an investigation to be handed over to an upright police officer of a higher rank, preferably an IPS officer.

The accused contended that he was innocent, and there was only an exchange of words and maintained that other allegations were false. He further submitted that he was ready to cooperate with the investigation and sought anticipatory bail.

The defacto complainant opposed the bail application stating that the accused is a wealthy man having connections with political parties and his arrest and custodial interrogation was necessary. It was also alleged that even though the accused was entrusted to police by the people in the locality, he was released without even recording his arrest.

On perusing the case diary and report of the investigating officer, the Court found that the allegations made against the accused were true. It also noted that the investigation is progressing and that it was necessary to arrest the accused.

“In such a case grant of anticipatory bail would impede the investigation. Therefore, the anticipatory bail plea at the instance of the accused cannot be considered and the same is only to be dismissed”, concluded the Court.

The Court further stated that the investigation was continuing without any allegations and there was no requirement for entrusting the investigation to another officer.

As such, the bail application was dismissed and the writ petition (criminal) was disposed of.

Counsel for De facto Complainant: Advocate C K Mohanan

Counsel for Accused Advocates Shaijan C George, Vinai John, Tincy Maria Scaria, Hashmi V.Z

Counsel for State: Public Prosecutor M P Prasanth, Senior Public Prosecutor Renjith George

Citation: 2024 LiveLaw Ker 310

Case Title: Dr Haritha H S v The State Police Chief, Joseph Chacko v State of Kerala

Case Number: WP(CRL.) NO. 385 OF 2024, Bail Appl. No. 3364/2024

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