IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7^TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943 BAIL APPL. NO. 680 OF 2022 CRIME NO. 6 OF 2022 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONERS/ACCUSED:

1 PRASEETH.P.K., AGED 26 YEARS, KANJIRATHUMOOTTIL HOUSE, KUNNAMTHANAM.P.O, MALLAPPALLY, PIN -

689581

2 JACOB. K.V., AGED 25 YEARS, KULANGARAKOCHUMOOLAYIL HOUSE, KUNNAMTHANAM P.O, MALLAPPALLY, PIN - 689581 BY ADVS.

T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH MINIKUMARY M.V.

RESPONDENT:

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV SEETHA -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. The petitioners are the accused in Crime No. 6 of 2022 of Keezhvaipur Police Station, Pathanamthitta District, alleging commission of offences under Sections 294(b), 341 & 323 r/w 34 of the Indian Penal Code and Section 3 r/w Section 4(1) of the Kerala Health Care Service Persons and Health Care Service Institution (Prevention of Violence and Damage of Property) Act (for short, “the Health Care Act”).

3. The allegation against the petitioners is that on 02.01.2022 at about

2 pm, the petitioners attacked a nurse and a doctor at the Sastha Medical Trust Hospital and abused them using filthy language. It is alleged that the doctor, who is the de facto complainant, suffered injury on the lips and tenderness on left cheek on account of the attack by the petitioners and thereby, they committed the offences under the aforesaid provisions of law.

4. The learned counsel for the petitioner would submit that the 1^st petitioner was brought to the hospital after suffering injuries in a road accident and on account of failure to provide proper care, there were some issues raised by the petitioners against the hospital management. It is submitted that the de facto complainant, who is also the owner of the hospital, had falsely given the complaint and that actually, the petitioners were attacked by the de facto complainant and the staff of the hospital. It is further submitted that the petitioners have been in custody for 32 days and their continued detention is not necessary in the facts and circumstances of the case.

5. The learned Public Prosecutor, on instructions, would submit that the petitioners are not entitled to be released on bail. It is submitted that the 2^nd petitioner is involved in a similar incident and a crime was registered against him in the year, 2019. It is further submitted that going by the First Information Statement of the de facto complainant, the petitioners had attacked the de facto complainant and other staff of the hospital, as a result of which, the de facto complainant suffered injuries. It is pointed out that the Health Care Act is formulated only to take care of the situations, where the doctors and the other health care professionals are being attacked by persons. It is submitted that considering the increase in incidents of such attack on doctors and the other health care professionals, petitioners are not entitled to be released on bail.

6. Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and considering the fact that they have been in custody for 32 days, I am of the view that the petitioners can be granted bail, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(a)The petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioners shall appear before the investigating officer in Crime No. 6 of 2022 of Keezhvaipur Police Station, P