A single bench of Kerala High Court while rejecting the Anticipatory-bail Application of the petitioner has recently observed that every harm, intimidation, obstruction or hindrance to a healthcare service person, in discharge of duty is treated as violence. Further, court noted that by granting pre-arrest bail in a non-bailable offence, the court is in effect, converting a non-bailable offence into a bailable offence.
Facts
The Petitioner is alleged to have wrongfully restrained a doctor (the defacto complainant) and threatened her while she was on her way from the doctor's room to the casualty of the hospital, thereby causing obstruction to her official duty and committing the offences under sections 341, 353 and 506 of the Indian Penal Code, 1860 (for short 'the IPC') and section 3 and 4(1) of the Healthcare Act.
In the present case the application for pre-arrest bail filed by the whereby the petitioner pleads that he had met with a motor vehicle accident though there were no external injuries, due to pain in his body, he went to the Taluk Hospital. Due to the pain, petitioner could not wait further and therefore he met the defacto complainant and apprised her about the painful condition. However, unmindful of petitioner's condition, defacto complainant is alleged to have reacted in a hostile manner and threatened not to treat him and later petitioner learnt that a complaint was filed against him, resulting in the registration of the present crime.
Contention Made
Petitioner: That as per the FIR, no injury or assault had taken place, and hence the allegation constitutes only a minor offence, petitioner ought to be released on pre-arrest bail
Respondent: Though the offences under the IPC are bailable, the provisions under the Healthcare Act, are non-bailable and that granting pre-arrest bail to the petitioner would prevent the custodial interrogation, which is essential in the peculiar circumstances.
Court Observation
The bench analyzed the Statement of Objects and Reasons of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 and observed that was enacted to curb the evil of such violence. The definition of the word 'violence' in the statute is clearly indicative of the purpose behind the Act. The preamble to the aforementioned Act states that it is enacted to prohibit violence against healthcare service persons and to prevent damage and loss to property in healthcare service institutions.
Judgment
The court held that Section 3 of the Healthcare Act prohibits violence against healthcare service persons and is made non-bailable as per section 4(4) of the Act. The intention of the legislature is unambiguous. Protecting an accused who is alleged to have committed an offence under the Healthcare Act, with an order of pre-arrest bail, will be incongruous to the legislative mandate.
While dismissing the Bail Application HC further held that if the petitioner surrenders himself before the Investigating Officer within seven days from today, the officer shall subject him to interrogation. If after interrogation petitioner is arrested, the Investigating Officer shall produce him before the jurisdictional Magistrate immediately, and if any application for bail is preferred, the same shall be considered by the Magistrate in accordance with law.
Case: Arun P. vs State of Kerala & Anr.
Citation: Bail Application. No. 3186 Of 2022
Bench: Justice Bechu Kurian Thomas
Decided on: 20th June, 2022.
Read Judgment @Latestlaws.com
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