- 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.
"Loved reading this piece by Megha Nautiyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
