On Friday, the Madras High Court refused to rule on anticipatory bail petitions filed by two doctors accused of being involved in the death of footballer Priya. At the same time, the court orally directed the State to ensure the two doctors' safety and that their families not be harassed.
Justice AD Jagdish Chandira noted that the State government's expert committee formed to investigate the incident had yet to complete its investigation and adjourned the hearing for two weeks. The judge also stated orally that he was hesitant to grant any relief at this time because this was a "recent incident" and one "must allow the investigating agency to conduct some investigation."
"We're living in a country where a Doctor, a Covid Warrior, was not given a decent burial. We must ensure the safety of the doctors as they have been getting threatening calls", the bench observed.
It was referring to an incident in Chennai in April 2020 in which a 55-year-old neurosurgeon, Simon Hercules, died after contracting COVID-19 from one of his patients. Locals attacked his family near the burial ground, believing that the dead body could lead to the virus spreading.
Priya died of multiple organ failure on November 15 at the Rajiv Gandhi Government General Hospital in Chennai, following complications caused by medical negligence at the Government Peripheral Hospital in Periyar Nagar.
An expert committee was formed in the aftermath of the incident, and two doctors involved in the botched surgery were suspended. They were also charged with causing death by negligence under Section 304A read with Section 304(ii) IPC. The doctors applied to the High Court on Friday for anticipatory bail, fearing arrest and prejudice from police authorities.
When the bail petitions were heard, the court noted that the case was still in its early stages and that the investigating authorities should be allowed to conduct an appropriate investigation.
The case was postponed for two weeks by the court. Meanwhile, the doctors were given the option of surrendering to the police if they so desired.
Case Title: Paul Ramshankar v Inspector of Police and Somasundar v Inspector of Police
Case No: CRL OP 28484 of 2022 and CRL OP 28487 of 2022
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