The Kerala High Court has observed that vandalism in hospitals should be dealt by the police seriously and the judiciary will be very vigilant in those cases.

The Court was considering a Bail Application filed in a case in which accused allegedly trespassed in to a hospital and damaged a portion of the hospital.

The single-bench of Justice P.V.Kunhikrishnan observed, "Trespass and Vandalism in hospitals is a problem faced by the hospital authorities nowadays. The reason for the same may be because of the alleged negligence/illegal acts of the doctors, nurses, staff, etc attached to that hospital. But, for that purpose, the hospital building or hospital materials cannot be destroyed. The hospitals are the temples of modern society, where people go to worship the gods of health and wellness. Therefore any vandalism in hospitals should be avoided using the iron hands of law itself. Hence, some restrictions are necessary while granting bail in such cases also."

The Petitioner was represented by Advocate Sooranad S. Sreekumar while the Respondent was represented by the Public Prosecutor.The Petitioner was charged for offences punishable under Sections 333, 118(1), 324(5), 296(b) of BNS and 3, 4(1), 4(2) of Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012.

The Prosecution's case was that the accused criminally trespassed into the Ayurveda Hospital and uttered obscene words against the staff of the said hospital and hit on the front glass of the said hospital with iron rod and destroyed it and caused injury to the staffs of the aforementioned hospital and also threw flower pots of the said institution and broken it and thus, the accused caused a loss of Rs.10,000/- to the hospital.

The Court at the outset highlighted its previous decision in a bail application in connection with the Prevention of Damages to Public Property Act, 1984, wherein it had observed that in cases in which the offence under the PDPP Act is alleged, the value of the destroyed property or even more should be directed to be deposited by the accused as a condition for granting bail to them.

"I am of the considered opinion that while considering the bail application in cases in which the offences under the Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, is alleged, this Court can adopt the same principle," the Court observed.

The Court referred to other relevant cases and the preamble of Act 2012 and accordingly remarked that while granting bail, in cases where offences under the Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 are alleged and if any damage is caused to the healthcare service institutions by the accused, the courts should impose conditions.

"If the accused are found not guilty and they are accordingly acquitted, they would be entitled to get refund of the amount deposited by them. If the Court comes to the conclusion that the accused are liable to pay any fine/compensation, the amount in deposit can be utilised for payment of fine/compensation. I am also of the opinion that the legislature should consider making appropriate amendment in Act 2012 to include such a condition for getting bail in these types of cases. The Registry will forward a copy of this order to the Chief Secretary, State of Kerala for appropriate action," the Court observed.

The Court therefore granted bail with appropriate directions.

The Petition was accordingly allowed.

Cause Title: Nithin Gopi vs. The State of Kerala (2024:KER:96490)

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Kerala High CourtJustice PV Kunhikrishnan

Sheetal Joon