Custodial Interrogation Crucial for Justice in Healthcare Assault Cases: Kerala HC

Justice A. Badharudeen emphasizes necessity of arrest in landmark assault case involving an Ayurvedic practitioner. The Kerala High Court has denied anticipatory bail to Joseph Chacko, accused of assaulting Dr. Haritha H.S, an Ayurvedic practitioner. The court, presided by Justice A. Badharudeen, highlighted the gravity of the allegations and the importance of arrest and custodial interrogation for thorough investigation. This decision underscores the judiciary's commitment to protecting healthcare workers from violence and ensuring justice is served.

The case stems from an incident on March 18, 2024, at Dr. Haritha's clinic in Thiruvananthapuram. Chacko allegedly entered the clinic, demanded medication not in stock, and, upon refusal, assaulted Dr. Haritha by groping her, physically attacking her, and damaging her property. An FIR was promptly filed, leading to charges under Sections 354, 294(b), and 323 of the Indian Penal Code and Section 4(1)(i) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023.

Importance of Custodial Interrogation: Justice Badharudeen emphasized the necessity of arrest and custodial interrogation, stating, "In such a case involving serious allegations, grant of anticipatory bail would impede the investigation." The court acknowledged the ongoing investigation but pointed out the accused's failure to be arrested as a significant gap that needed to be addressed.

Trends in Violence Against Healthcare Workers: The judgment highlighted the increasing trend of violence against healthcare workers, despite recent legislative amendments aimed at providing better protection. "Even after the introduction of the amendment incorporating non-bailable penal provisions, the attack against doctors and hospital staff has not seen a reduction. The present case is a typical example of the same," observed Justice Badharudeen.

The court noted the necessity for meaningful investigation, which requires arresting the accused. The decision also pointed to the broader issue of systemic violence against healthcare professionals, emphasizing that non-bailable offenses must be treated with the seriousness they warrant.

Justice Badharudeen remarked, "The specific allegation...would go to show that the prosecution case is well made out, prima facie, and the Investigating Officer also wanted to arrest the accused for effectively investigating the case."

The Kerala High Court's decision to deny anticipatory bail in this case sends a strong message about the judiciary's stance on violence against healthcare professionals. By emphasizing the importance of proper investigation and the role of custodial interrogation, the court aims to ensure that justice is served and such incidents are deterred in the future. This landmark ruling reinforces the legal framework protecting healthcare workers and highlights the judiciary's proactive role in addressing and mitigating violence in healthcare settings.

Date of Decision: May 28, 2024