CASE TITLE:
Arun P Vs State of Kerala & Anr
DATE OF ORDER:
20th JUNE, 2022
JUDGE(S):
Hon’ble Justice BECHU KURIAN THOMAS
PARTIES:
PETITIONER: Arun P & Ors
RESPONDENT: State of Kerala & Anr
IMPORTANT PROVISION
Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act.
SUBJECT
The Kerala High Court denied anticipatory bail to a man accused of obstructing a doctor from performing her official duty on Monday, ruling that an obstruction or hindrance committed on a healthcare person is a grave offence under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act.
BRIEF FACTS
- The petitioner allegedly wrongfully restrained and threatened a doctor on her way to the casualty, obstructing her official duty and committing offences under Sections 341, 353 and 506 of the IPC, as well as Sections 3 and 4(1) of the Healthcare Act.
- Advocate R. Sreehari, representing the petitioner, vehemently contended that he is innocent of the allegations and has not committed any of the alleged offences.
- It was also argued that, according to the FIR, no injury or assault occurred, and thus the allegation constitutes only a minor offence for which the petitioner should be released on pre-arrest bail.
- Senior Public Prosecutor Noushad K.A argued that while IPC offences are bailable, Healthcare Act provisions are not, and that granting pre-arrest bail to the petitioner would prevent custodial interrogation, which is critical in the unusual circumstances.
- The Court stated that any harm, intimidation, obstruction, or hindrance to a healthcare service person in the course of their duties is considered violence.
- Furthermore, according to Section 4(4) of the Healthcare Act, violence against healthcare service personnel is a non-bailable offence, making the legislature's intent clear.
ANALYSIS BY THE COURT
- The Court also determined that granting pre-arrest bail in a non-bailable offence effectively converts the non-bailable offence into a bailable offence. It was also discovered that such attacks can have a negative impact on medical professionals, the cost of which is ultimately borne by patients.
- The Court said, the legislative intent is clear from the definition of the word "violence" and the fact that the offence has been made non-bailable. Even an obstruction or hindrance committed against a healthcare worker is considered a serious offence under the law.
- As a result, it cannot be held that the absence of an assault on the doctor entitles a person accused of a Healthcare Act offence to be released on pre-arrest bail.
- Therefore, given the nature and gravity of the offence, the Judge was hesitant to exercise his discretion and grant the petitioner pre-arrest bail.
CONCLUSION
- It was made clear that if the petitioner does not surrender himself to the Investigating Officer within seven days, the officer will interrogate him. If he is arrested following interrogation, the Officer must immediately bring him before the jurisdictional Magistrate, and any bail application he makes must be considered by the Magistrate in accordance with the law.
- Therefore, the bail application was dismissed.
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