Ayurveda Doctor Molestation Case: Kerala HC dismisses bail plea of accused
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
Thiruvananthapuram: The Kerala High Court has dismissed a criminal writ petition and bail application related to the alleged assault and molestation of a Ayurvedic doctor at her clinic. The petition sought to transfer the investigation to a higher-ranking officer, while the bail application requested anticipatory bail for the accused.
Due to the serious nature of the allegations, the court emphasized the need for custodial interrogation, stating it is essential for a thorough and unbiased investigation. The High Court highlighted the importance of the accused’s arrest to effectively gather and corroborate evidence, given the significant accusations involved.
While considering the bail plea, the court stated, “The complainant urged for arrest and custodial interrogation of the accused to effectuate meaningful investigation, in a case involving serious allegations. 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.”
Justice Badharudeen carefully examined the evidence, including the First Information Statement (FIS) and the case diary. The court found the allegations made by the doctor credible and supported by prima facie evidence. Additionally, the court considered the rising trend of violence against healthcare professionals, underscoring the necessity for stringent action.
Mentioning the cases of violence against doctors, the bench found it relevant to refer to the trend of abusing, assaulting and manhandling doctors and hospital staff for flimsy reasons considering that the said acts have now become a common practice. The court stated, “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.”
As far as the writ petition is concerned, the court observed that the materials produced before this Court would show that the investigation is going on without scope for allegations, though the Investigating Officer failed to arrest the accused. The court also stated, “In this connection, it is to be noted that periodically the accused filed anticipatory bail applications before the Sessions Court and this Court and that may be the reason for stalling of arrest of the accused.”
“Therefore, this Court is of the view that entrustment of the investigation to another Officer is not warranted at this stage and the present Investigating Officer can continue the investigation. The Investigating Officer is directed to effectuate fair and unbiased investigation in this matter,” it further added.
To view the order, Click the link below:
