JOHNSON K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioners are the accused Nos.2, 3 and 4 in Crime No.894/2023 of Chengannur police station, Alappuzha, for having committed offences punishable under Ss. 294(b), 506, 353 and 308 and 506 r/w 34 of the Indian Penal Code and Sec. 4 of the Kerala Health Care Service Persons and Health Care Institutions (Prevention of violence and damage to property) Act, 2012.

(3.) The prosecution case is that on 9/8/2023 at about 08.15 p.m, the accused persons, with their common dishonest intention to assault the defacto complainant, the Medical Officer of the District Government Hospital, Chengannur and other staff of the hospital to obstruct them from the discharge of their duty, 1st and 2nd accused reached the hospital for treatment while they had given casualty treatment by the defacto complainant, warned the defacto complainant from reporting the information to the police, the 1st accused then uttered and abused at the defacto complainant, threatened him to finish him, 2nd, 3rd and 4th accused persons threatened the other staffs of the hospital and police who tried to stop them. The 1st accused wielded a pair of scissors kept in the dressing room in the casualty towards the defacto complainant and other staff of the hospital, putting themselves in danger to their life. The accused persons acted in furtherance of their common intention to obstruct the defacto complainant from his duties discharged by him, and thereby, the accused persons committed the said offences.