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Obstruction of healthcare workers from discharging duty grave, non-bailable offence: Kerala High Court

The order was passed in an anticipatory bail application moved by a man who had been charged for allegedly threatening and restraining a doctor while she was on duty.

He was booked for offences under Sections 341 (wrongful restraint) , 353 (assault or criminal force to deter public servant from discharge of his duty) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and Sections 3 and 4(1) of the Healthcare Act.

Advocate R Sreehari, appearing for the petitioner, contended that the petitioner may be granted anticipatory bail since the allegations in the first information report (FIR) only revealed a minor offence, especially since no injury or assault had taken place.

On the other hand, Public Prosecutor KA Noushad, pointed out that even though the offences under the IPC are bailable, those under the Healthcare Act are not.

Source: Barandbench

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