Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • In Arun P. v. State of Kerala & Anr, the Kerala High Court rejected anticipatory bail to a man accused of creating obstruction for a doctor from performing her official duty.
  • The Court noted that according to the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, even a mere obstruction committed on a doctor is a grave and a non-bailable offence.
  • In the instant case, the applicant accused allegedly restrained a doctor by threatening her from performing her official duty.
  • Subsequently, a complaint was filed in this regard under sections 3 and 4(1) of the Healthcare Act and sections 341, 353, and 506 of IPC.
  • The contention of the appellant was that the allegations raised against him are false and that he did not committ any of the offences alleged.
  • He further contended that since no injury or assualt had taken place, he should be released on anticipatory bail.
  • The prosecution argued that the provisions under the Healthcare Act for which the accused has been charged, are non-bailable offences and therefore, anticipatory bail cannot be granted.
  • The Hon'ble Court observed that any sort of obstruction, intimidation or harm to a healthcare professional while discharging the duty is an act of violence.
  • The Court further observed that section 4(4) of the Healthcare Act makes the violence against healthcare professionals a non-bailable offence.
  • After a careful observation, the Ld. Court held that the intention of the legislature was unambiguous when they made section 4(4) of the Healthcare Act a non-bailable offence. 
  • Accordingly, the bail application was rejected.


 

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