ABDUL SATHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the first and the second accused in the case registered as Crime No.121/2018 of the Perinthalmanna police station under Sections 341 and 323 read with 34 IPC and also under Section 3 read with 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (hereinafter referred to as 'the Act'). They seek the protection of pre-arrest bail envisaged under section 438 of the Code of Criminal Procedure, 1973 in the event of arrest by the police in the case.

(2.) The prosecution case can be briefly stated as follows: On 20.01.2018, at about 06.30 hours, a patient by name Irshad was admitted in the M.E.S Medical College, Perinthalmanna for treatment of appendicitis. Before, admitting him in the hospital, the de facto complainant, who was the duty doctor in the casualty ward, had examined him. At about 15.15 hours on the same day, the father and the brother of the patient (the first and the second accused) reached the nursing section of the ward in which he was admitted and abused the de facto complainant. They threatened him that if surgery to the patient was not conducted within half an hour, they would not allow him to leave the hospital alive. The second accused caught hold of the collar of the shirt of the de facto complainant and grabbed the stethoscope from his neck and beat him with the stethoscope. The first accused beat and hit him on the chest with his hand. The de facto complainant fell down. He lost his stethoscope. He was not able to continue his duty in the hospital.

(3.) I have heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the case diary.