Healthcare Personnel Need Protection To Fearlessly Discharge Functions: Kerala HC Refuses Pre-Arrest Bail To Man Booked For Assaulting Doctor, Nurses

A crime was registered against him under Sections 341 (punishment for wrongful restraint), 323 (punishment for voluntarily causing hurt), 506 (punishment for criminal intimidation) IPC and Section 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

Rejecting the bail application, Justice Sophy Thomas held thus:

“The fact that the petitioner reached the hospital in an inebriated mood, and intimidated and used criminal force against the Doctor and Staff Nurses, causing obstruction, cannot be viewed lightly. Now-a-days, such incidents are on the rise and the brutal murder of Dr.Vandana is still afresh in our mind. Healthcare Service persons need protection to discharge their functions in a fearless manner. So this Court is not inclined to release the petitioner on anticipatory bail. In the result, this bail application is dismissed.”

The Court observed that the brutal murder of Dr Vandana Das while she was on duty in the hospital is still fresh in its minds. Dr Vandana was stabbed multiple times by the accused using dressing room scissors when she was treating him.

In the present case, the allegation was that the accused who was brought to the St James Hospital, Chalakkudy in an inebriated state of mind, caught hold of the hands of the female doctor and humiliated her while she was treating him. He also allegedly assaulted the staff nurses who tried to stop him.

The counsel for the accused submitted that he was only trying to ward off the doctor and nurses since he was in acute pain and that there was no intention of causing any harm. 

The bail application was strongly opposed stating that the accused who was in a drunk state caught hold of the right hand of the doctor and also intimidated the staff nurses.

The Court observed that the fact that the accused was drunk and intimidated and used criminal force against healthcare professionals cannot be taken lightly.

Accordingly, the Court dismissed the bail application.

Counsel for the petitioners: Advocates Manumon A, Rebin Vincent Gralan, Suresh C, Dinesh G Warrier, Jayan Kuttichakku

Counsel for the respondents: Senior Public Prosecutor Vipin Narayan

Citation: 2024 LiveLaw (Ker) 26

Case title: Jins Francis V State Of Kerala

Case number: BAIL APPL. NO. 10695 OF 2023

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