'Hospitals Temples Of Modern Society': Kerala HC Calls For Restrictions While Granting Bail For Criminal Trespass/ Vandalism In Hospitals

The Court by relying upon decisions of the High Court in Hemanth Kumar and Others v. Sub Inspector of Police and Another (2011), Hemachandran M. T. @ Kamalesh and Others v. Sub Inspector of Police and Another (2011) observed that persons must be directed to deposit the value of the destroyed property or even more for getting bail under 2012 Act.

Justice P.V.Kunhikrishnan thus directed the petitioner to deposit an amount of rupees ten thousand, while allowing his bail application. Court stated,

“While considering a bail application in connection with the Prevention of Damages to Public Property Act, 1984 this Court 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.”

In the facts of the case, the petitioner is accused of criminally trespassing into an Ayurveda hospital, using obscene language towards the staff, causing damage amounting to ten thousand rupees, and injuring the staff members.

Crime was registered under Sections 333 (house trespass after preparation for hurt, assault, wrongful restraint), 118(1)( voluntarily causing hurt or grievous hurt by dangerous weapons or means), 324(5) (mischief), 296(b) (obscene acts and songs) of BNS, Sections 3 (prohibition of violence), 4(1) 4(2) (penalty) of Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012.

The petitioner was arrested on the day of the alleged incident, that is, December 07, 2024 and he in custody. He has now approached the Court for bail.

The Court stated that hospitals are not just physical structures, but symbols of hope and healing and vandalism in hospitals must be dealt very seriously.

Court stated, “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 Court stated offences against hospital like causing damage and loss to property in healthcare service institutions as per Section 4 of the 2102 Act is cognizable and non-bailable. It stated that this shows the intent of the legislature to deal vandalism in hospitals seriously.

Relying upon decisions in Hemanth Kumar, Hemachandran (supra), the Court observed that it is mandatory to deposit value of the destroyed property or even more for getting bail under the Prevention of Damages to Public Property Act of 1984. The Court stated that this same principle should be adopted while granting bail to accused persons under the 2012 Act also.

It further stated that if the accused is found guilty, then the deposited amount could be used for payment or fine or compensation. And, it stated that if the accused is not found guilty, then the deposited amount will be refunded.

Court added, “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.”

As such, the Court directed that the petitioner can be released on bail on depositing an amount of rupees ten thousand before the jurisdictional court.

Counsel for Petitioner: Advocate Sooranad S.Sreekumar

Counsel for Respondents: Senior Public Prosecutor Renjith George

Case Number: Bail Appl. No. 10533 Of 2024

Case Title: Nithin Gopi v State of Kerala

Citation: 2024 LiveLaw (Ker) 817