Kerala HC denies anticipatory bail to accused who assaulted HIV patient in care home

Kerala HC
Kerala High Court. File Photo: Manorama

Kochi: The High Court on Thursday denied anticipatory bail to an accused who allegedly tied an HIV patient in their care home to the window and beat her with a wooden log. She suffered multiple fractures. The complaint was given by the victim herself.

The Investigating Officer submitted before the court that it is learnt the petitioners treat their inmates in a very inhuman manner. He stated that custodial interrogation and recovery are necessary for a full investigation, Live Law reported.

The petitioners denied all allegations. They submitted that the petitioner has low immunity as she is suffering from HIV. She is suffering from osteoporosis. The fracture occurred due to the disease. They further contended that the victim had some mental abrasions and the petitioner had informed this to the Mental Health Centre.

The court had directed the Government Medical College Hospital to examine the victim. The Head of Orthopedics told the investigating officer that the fractures were due to assault. The consulting psychiatrist of the Medical College reported that the victim had told her that she was brutally assaulted by the petitioners.

The petitioner's bail application was rejected by the Ernakulam Sessions Court with the observation that the materials establish the petitioner's involvement in the crime.

Justice CS Dias observed that the prima facie materials establish the petitioner's involvement in the crime. The court refused to grant them anticipatory bail saying that custodial interrogation is necessary and recovery is to be done.
(With Live Law inputs)

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