Kochi, Feb 28 The Kerala High Court on Tuesday denied anticipatory bail to a man accused of manhandling a doctor for allegedly misbehaving with his wife while examining her at a hospital.
It would be difficult for a doctor to pursue his profession if a patient is aggrieved by the doctor touching him or her during clinical examination, it observed.
"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," the court said.
At the same time, genuine cases of misbehaviour by doctors overstepping their limits cannot be ignored, it added.
The Court further said that the truth of those allegations should be evaluated based on evidence and circumstances to separate the grain from the chaff.
As per the prosecution case, on January 8 around 6 p.m, the doctor on call duty, had examined the wife of the accused, aged 27 years, at the casualty section of the hospital.
While doing so, the accused caught hold of the doctor's collar and slapped him alleging that he touched his wife's body.
The prosecution, on the other hand, strongly opposed the grant of anticipatory bail and contended that the accused has criminal antecedents and that various crimes have been registered against him.
After going through the case records, the court noted that the doctor examined the accused man's wife in the presence of two sisters in an open space at the casualty.
The misbehaviour case was registered against the doctor only after the registration of the crime against the accused, it was further observed.
Therefore, the Court refused to grant anticipatory bail to the accused, stating it could create a dangerous situation, whereby, doctors, who are duty-bound to treat patients as part of their oath, will not get protection and the proper maintenance of the health of the public at large would be in peril.
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