Kerala High Court denies anticipatory bail to care home staff accused of assaulting HIV patient

The Kerala High Court recently dismissed an anticipatory bail application filed by four persons accused of assaulting an HIV patient at a care home [Bincy Suresh & ors v State of Kerala]..Justice CS Dias declined to give the four staff members pre-arrest bail after noting the seriousness of the allegations against them. "Comprehending the nature, seriousness and gravity of the accusations levelled against the petitioners (accused staff), the prima facie materials that establish the petitioners’ involvement in the crime, that the petitioners custodial interrogation is necessary and recovery is to be effected, I am not satisfied that the petitioners have made out any valid ground to invoke the extraordinary jurisdiction of this Court under Sec.438 of the Code," the Court said. .The four staff members - Bincy Suresh, KV Rajesh, Bindhu Kurian, and Saly Thankachan - were accused of tying up an HIV-positive patient to a window at a care home and beating her with a wooden log, leading to serious fractures. The incident allegedly took place on November 5, 2023. A case was registered against the accused staff under Sections 341 (punishment for wrongful restraint), 324 (hurt by dangerous weapons or means), and 326 (grievous hurt by dangerous weapons or means) read with Section 34 (acts done by several persons with common intention) of the Indian Penal Code, 1860.Facing imminent arrest, the four accused staff approached the Kerala High Court seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973..The accused staff maintained that they were falsely implicated and that the fractures suffered by the HIV-positive woman were linked to osteoporosis (bone disease involving low bone density) and low immunity suffered by her on account of her HIV condition. The State opposed the bail plea and referred to a certificate from the Government Medical College Hospital, Thrissur which indicated that the victim had sustained five fractures due to the assault and not due to any pre-existing condition..The Court observed that pre-arrest bail should be granted only in exceptional cases, where the court is prima facie satisfied that the accused was falsely implicated.However, in this case, the Court noted that there was evidence to indicate that the injuries suffered by the patient were due to the brutal assault by the accused.In view of such serious allegations, the prima facie evidence against the accused, and the need for their custodial interrogation, the Court proceeded to reject the anticipatory bail plea. .The accused were represented by advocates Vinod S Pillai, Ahammad Sachin K, and Jerry Peter.Senior Public Prosecutor CS Hrithwik and Public Prosecutor KR Ranjith appeared for the state..[Read Order]