Thiruvananthapuram: The Kerala High Court has dismissed a criminal writ petition and a bail application in a case involving the alleged assault and molestation of an Ayurvedic doctor at his clinic. The petition had sought transfer of the investigation to senior officers and the bail application sought anticipatory bail for the accused.
Given the seriousness of the charges, the court emphasised the need for custodial interrogation, saying it is essential for a thorough and impartial investigation. The High Court emphasised the importance of arresting the accused for effective collection and corroboration of evidence, given the seriousness of the charges involved.
While considering the bail petition, the court said, “The petitioner has sought arrest, detention and questioning of the accused for meaningful investigation in a case involving serious charges. Granting anticipatory bail in such a case would hinder the investigation. Hence, the anticipatory bail petition pleaded by the accused cannot be considered and stands dismissed.”
Justice Badaruddin carefully considered the evidence, including the First Information Statement (FIS) and the case diary. The court found that the doctor’s allegations were credible and supported by prima facie evidence. Further, the court considered the increasing trend of violence against healthcare workers and stressed the need for strict action.
Referring to the cases of violence against doctors, the court found it pertinent to mention the tendency to abuse, assault and rough up doctors and hospital staff for petty reasons as such acts have now become a common practice. The court said, “Recently, the repeated occurrence of cases of such nature has been noticed by the legislature, which has compelled it to amend the Kerala Health Practitioners and Health Service Institutions (Prevention of Violence and Damage to Property) Act, 2023 by incorporating Section 4 to provide punishment for such acts and make the offence non-bailable.”
As far as the writ petition is concerned, the court noted that despite the failure of the investigating officers to arrest the accused, the materials produced before this court would show that the investigation is continuing without leaving any scope for denial of the charges. The court also observed, “In this connection, it is pertinent to note that the accused have been filing anticipatory bail applications before the Sessions Court as well as this Court periodically, which may be the reason for delay in arresting the accused.”
“Hence, it is the view of this court that at this stage, there is no justification for referring the investigation to any other investigating officer and the present investigating officer can continue with the investigation. The investigating officer is directed to conduct a fair and unbiased investigation in the matter,” it further added.
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