ORDER

Dated this the 10th day of March 2021 Rape is one of the most inhuman crimes against women. An Orthopedic Surgeon attached to the Medical College Hospital, Thrissur has filed this application apprehending arrest by the respondent in Crime No. 10 of 2021 of the Medical College Police Station, Thrissur District.

2. The case of the prosecution is that the petitioner who is a Doctor attached to the Medical college, Thrissur is having consultation at his residence at Mulankunnathukavu. On 24.12.2020 at about 6 p.m when the victim approached the petitioner with complaints of shoulder pain he had outraged her modesty by pressing on her breast and committed rape on her by inserting his finger into her vagina and thus committed offences punishable under Section 354, 376(2)(e) and (k) of the Indian Penal Code.

3. The learned Senior Counsel for the petitioner has submitted that the petitioner is working as an Associate Professor in the Medical College at Thrissur from the year 2005 and he is having high reputation in the society and is well known as an efficient orthopedic surgeon. He never committed such a heinous crime that too towards his patient as alleged against him. The learned counsel for the petitioner in the statement of facts specifically mentioned and submitted as ground No.3 that as this petitioner and one Dr.Sherry Issac have difference of opinion with one Dr. Vinesh Senan on account of his business in surgical implants and other accessories and canvassing patients to use his products even when there are no requirement or necessity, he is entertaining rivalry and professional jealousy towards them. According to the learned counsel for the petitioner Dr. Vinesh Senan had even stated to a staff of the Medical college that the petitioner would be dealt in a manner where he won't able to work in the Medical college. Thus he has been trapped in this case by using a patient who visited him for treatment more than twice. It is also submitted by the learned counsel for the petitioner that there was an attempt to implicate Dr. Sherry Issac also in a false case of similar nature. The allegation was that Dr. Sherry Issac has molested a by-stander of a patient admitted in the hospital. On the complaint, the Medical College authorities initiated enquiry and it was revealed that no such patient was admitted in the hospital and no such by-stander was also there as alleged in the complaint against the said doctor. But fortunately in the inquiry it was found that the complaint against him was a false one and thus the further proceedings were dropped is the submission of the learned counsel for the petitioner. Annexure A2 is the copy of the report submitted by the doctor who was entrusted to conduct preliminary enquiry as directed by the Superintendent of Medical College Hospital. The further argument of the learned Senior Counsel for the petitioner is that just to wreak vengeance on the doctors who opposed the illegal business carried on by Dr. Vinesh Senan, this petitioner has also been falsely implicated in the case.

4. According to the learned Senior Counsel, the petitioner is having consultation in a room attached to his residential house where his whole family including his wife and children are residing. There is a glass door in the consulting room which is opening to the drawing room and considering the pandemic situation, the entire windows of the consulting room are kept open all the time. He had installed two CCTV cameras outside the consultation room and the cameras could capture the images of all the patients entering into the consultation room and going out of the room. On the alleged day, the defacto complainant came for consultation along with her daughter aged 19 years. On two previous occasions also she came for consultation and on the particular day she was examined by the doctor in the presence of her daughter and after consultation she came out of the room along with her daughter in a normal manner and if he had mis