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HomeORDERSKerala HC Denies Pre-Arrest Bail to Man Accused of Assaulting Doctor and...

Kerala HC Denies Pre-Arrest Bail to Man Accused of Assaulting Doctor and Nurses Amid Rising Violence Against Healthcare Workers

Kerala: In the recent case of Jins Francis V. State of Kerala, the High Court of Kerala refused the bail plea of an individual charged with assaulting a female doctor and staff nurses at St. James Hospital, Chalakkudy. The accused, brought in while in an intoxicated state, reportedly misbehaved with the doctor and nurses attending to him. He allegedly assaulted the nurses who intervened when he began causing disturbance.

The charges against the accused include sections under the Indian Penal Code such as wrongful restraint (Section 341), punishment for voluntarily causing hurt (Section 323), punishment for criminal intimidation (Section 506), and a section 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012.

The defence counsel argued that Jins Francis was reacting due to acute pain and had no intention to harm. However, the High Court of Kerala, under the jurisdiction of Justice Sophy Thomas, rejected the bail application, emphasising that the act of the accused, being inebriated and using force against healthcare professionals, cannot be overlooked.

“The fact that the petitioner reached the hospital in an inebriated mood, and intimidated and used criminal force against the Doctor and Staff Nurses, causing obstruction, cannot be viewed lightly. Now-a-days, such incidents are on the rise and the brutal murder of Dr. Vandana is still afresh in our mind. Healthcare Service persons need protection to discharge their functions in a fearless manner. So this court is not inclined to release the petitioner on anticipatory bail. In the result, this bail application is dismissed”

Justice Thomas highlighted the increasing incidents of violence against healthcare workers underscoring the need to safeguard healthcare personnel in the discharge of their duties without fear. Therefore, the court declined to grant anticipatory bail, emphasizing the necessity to protect healthcare service providers and dismissed the bail application.

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