P K ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Cri.M.C has been filed to set aside the order granting bail to the accused Nos. 2 and 3 in Crime No.250/2023 of Nadakkavu Police Station, by the Sessions Court, Kozhikode (for short 'the court below').

(2.) The petitioner is a Cardiologist working at Fathima Hospital, Kozhikode. He is alleged to have been assaulted by the respondent Nos.2 and 3 along with other three persons on 4/3/2023. Consequently, the crime referred above was registered. The offences alleged are under Ss. 323, 325, 308, 506, 427 read with 34 of IPC and Ss. 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

(3.) According to the prosecution, on 4/3/2023, six persons attacked the petitioner in the hospital due to an enmity relating to the death of a fetus. When Smt.Najas, wife of the respondent No.2, gave birth to still born child at a hospital where the wife of the petitioner was a Gynecologist, due to the enmity, the respondent Nos. 2 and 3 along with others destroyed the glass of the hospital and assaulted the petitioner which caused fracture to his nasal bones.