The Kerala High Court Bench comprising Justice Benchu Kurian Thomas while dealing with the plea filed by a doctor under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) set aside the bail granted by a sessions court to two persons who allegedly attacked a doctor after a woman gave birth to a still-born child at the hospital.
The Bench observed that 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 continue.
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.
It was opined 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.
Brief Facts:
The present plea has been filed by a doctor under Section 482 of the Cr. P.C. 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 read with 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, the bail was granted 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.
Contentions of the Petitioner:
It was submitted that the offences under the 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 the grant of bail, which showed non-application of mind by the Sessions Judge.
Further, it was argued that 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.
Contentions of the Defendant:
It was 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 a fracture of the nasal bone and other injuries related to the incident were falsified and could not be relied on.
Observation of the Court:
The Bench observed that 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 continue. 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.
It was opined 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 decision of the Court:
The Hon'ble High Court set aside the Bail granted to the Accused and opined that the bail order of the Sessions Judge did not provide any details regarding the facts of the case, the offences that the Accused were charged with, or even the reasons for granting bail. It was pointed out 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. Hence, the High Court set aside the Bail order of the Sessions Judge.
Case Title: Dr. P K Asokan V State of Kerala
Coram: Hon’ble Justice Bechu Kurian Thomas
Case No.: CRL.MC NO. 2446 OF 2023
Advocate for Petitioner: Adv S Rajeev
Advocate for Respondent: Adv T Shajith and Adv. A Ranjith Narayanan
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