Ayurveda Doctor Molestation Case: Kerala HC dismisses bail plea of accused
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:
