The Kerala HC in the matter of Dr. P K Asokan v/s State of Kerala set aside the order of sessions court which granted bail to two accused in a case of an attack on health personnel.

The Two accused had attacked a doctor after a woman gave birth to a stillborn child. An FIR was registered against them u/sec 3 & 4 of Kerala Health care service persons and Health care service institutions (Prevention of Violence and Damages to Property) Act 2012 along with other charges. 

The accused approached the principal sessions court after not getting bail from the Additional sessions judge. The principal sessions judge granted bail to the two accused. 

The petitioner challenged the same before the Kerala high court contending that the bail was granted without application of mind and without considering the seriousness of the allegations. 

It was also contended that the principal sessions court did not refer to sections 3 & 4 of the said act and there was no reasoning provided while granting bail. 

The petitioner also argued that the principal sessions judge failed to consider the additional sessions judge rejected the bail application specifically stating custodial interrogation of the accused was essential. 

On the other hand, the Advocate for the accused argued that the attack was an emotional outburst triggered by the death of the fetus and cannot be considered a criminal act & the Medical certificates shown by the doctor of nasal & other injuries are false and therefore cannot be relied on. 

The court referred to the decision in the case of Arun P v/s State of Kerala & ors wherein it was observed that as per sec 4(4) of the health care Act 2012 the harm caused to healthcare professionals in the discharge of their duties is considered as violence and is a non-bailable offense. 

The court observed that the bail order did not provide any details of the facts of the case nor the offenses the accused is charged with & thus failed to consider the nature of the injury sustained by the doctor or the observations of the additional sessions judge. 

The court thus set aside the bail granted by the principal sessions judge to the two accused and said that the casual approach by the courts while dealing with instances of attacks on health personnel also contribute to the tendency to resort to such violence.