Kerala HC temporary relief to doctor accused of assaulting female doctor, staff nurses
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
Thiruvananthapuram: Granting temporary protection to a doctor who was accused of assaulting a female doctor and other staff nurses, the Kerala High Court on Wednesday issued an order instructing the police not to apprehend the doctor for a duration of ten days.
Hearing the doctor's plea, Single Bench Justice Gopinath P said "Learned Public Prosecutor seeks time to get instructions. The petitioner shall not be arrested in connection with Crime No.1162 of 2023 of Chalakkudy Police Station, Thrissur for a period of ten days."
The interim protection from arrest provided by the court allows the accused to remain free for the specified period pending further legal proceedings.
According to Live law report, the case pertains to the doctor who faced allegations of inappropriately touching and assaulting a female doctor and staff nurses while he was getting examined and treated at St. James Hospital. Following this, the female doctor filed a complaint against the doctor under Section 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.
The mentioned Act prohibits violence against healthcare service persons and prevents damage and loss of property in healthcare service institutions.
In response to the allegations, the doctor filed a petition seeking anticipatory bail and claiming that the case was based on a misunderstanding, asserting that he accidentally touched the female doctor during an examination. The petitioner averred that the allegation that he had touched other healthcare personnel was only to buttress the case of the de facto complainant, and the same was not believable.
The bail application was presented by advocates Manumon A, Rebin Vincent Gralan, Suresh C, Dinesh G Warrier, and Jayan Kuttichakku.
The case is scheduled for further consideration on December 8, 2023.
To view the official order click on the link below:
Also read- Consensual Relationship, Not Rape: Delhi Court Grants Bail To Doctor
