The Kerala High Court has denied anticipatory bail to a man, who has been accused of a violent behavior with a doctor who was examining his wife at a hospital. It also stated that it would be difficult for a doctor to pursue medical profession ,if a patient is aggrieved by the doctor touching him or her during clinical examination,
Kerala High Court denies anticipatory bail a man accused of mishandling a doctor
The court said,
“If a patient, who wants treatment, is aggrieved in the matter of touch on the body of the petitioner as part of the examination, it is difficult for a doctor to do his medical profession by resorting to clinical examination. The same would include placing a stethoscope on the left chest portion of the patient to observe and evaluate the heartbeat,”
Further it stated that truth of allegations should be evaluated based on evidences and circumstances which will present true picture. However, the genuine cases of misbehavior by doctors overstepping their brief and limit while examining the patients.
Kerala High Court refuses anticipatory bail
The case came to light on January 8 around 6 p.m , when doctor on call duty had examined the wife of accused at the casualty section of hospital. While the doctor was examining the wife of the accused, and caught hold of his collar and slapped his alleging that he had touched his wife’s body. However, the prosecution has strongly opposed the grant of anticipatory bail and contended that the accused has criminal antecedents and that various crimes have crimes which have been registered against him.
The court noted that the doctor had examined the accused man’s wife in the presence of nurses in an open space at the casualty. Court also observes that the misbehavior case was registered against the doctor only after the registration of the crime against the accused.
Court however, has refused to grant anticipatory bail to the accused , stating it could create dangerous situation, whereby doctors are duty bound to treat patients as part of their oath, will not protection and the proper maintenance of the health of public at large would be in peril.
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