Shubhi Rathore | Prabhat Bandhulya
The petitioner filed a pre-arrest bail application stating that he met with a motor vehicle accident on 10.04.2022 and when he went to the hospital he was advised to get an X-ray of his spine. He waited for about one and a half hours but his X-ray was not done, when he approached the front desk he was asked to meet the doctor at casualty. When he could no more resist the pain he met with the complainant and informed the doctor at casualty. The complainant (doctor at casualty) behaved in an aggressive manner and intimidated him to not treat him. Therefore, the counsel for the petitioner contends that he has not committed any offence as alleged by the complainant. However, the complainant contends that she was on her duty when the petitioner wrongfully restrained her by obstructing her official duty and threatening her. Hence, he shall be liable to be punished under Section 341, 353 and 506 of the Indian Penal Code, 1860 and Section 3 and 4 (1) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (hereinafter the Healthcare Act). The Public Prosecutor alleges that though the offences under the IPC are bailable, the offences under the Healthcare Act are not and therefore the petitioner shall be denied bail as investigation would be hindered due to such bail. The Court dismissed the bail application and observed that violence against the doctors and health workers is rising in the last decade, on that account the Healthcare Act had been enacted to curb such evil against the health workers. The preamble of the Act also states clearly that it is to prohibit and prevent violence and damage to any health worker and their properties. The Court also noted that while granting bail in such cases the Court must keep in mind that it is turning a non-bailable offence into a bailable one and while doing so the objectives of the Act cannot be ignored.
Case: Arun P. V State Of Kerala 2022 (Ker) 295