'Hospitals, Temples Of Modern Society': Kerala HC

Post By 24law
December 21, 2024

The Kerala High Court has asserted that restrictions must be applied when granting bail to individuals accused of offenses under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, particularly in cases involving criminal trespass and damage to hospital buildings or materials.

Referring to precedents set in Hemanth Kumar and Others v. Sub Inspector of Police and Another (2011) and Hemachandran M.T. @ Kamalesh and Others v. Sub Inspector of Police and Another (2011), the Court emphasized that individuals accused under the 2012 Act should be required to deposit an amount equivalent to or greater than the value of the damaged property as a condition for bail. Justice P.V. Kunhikrishnan, while granting bail, directed the petitioner to deposit ₹10,000, aligning with principles established under the Prevention of Damages to Public Property Act, 1984. The Court remarked:

“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 this case, the petitioner was accused of unlawfully entering an Ayurveda hospital, using abusive language towards the staff, causing damages amounting to ₹10,000, and injuring staff members. The charges include offenses under Sections 333, 118(1), 324(5), and 296(b) of the Indian Penal Code (IPC) and Sections 3, 4(1), and 4(2) of the 2012 Act. The petitioner, arrested on December 7, 2024, subsequently sought bail.

The Court emphasized the critical role of hospitals as symbols of hope and healing, asserting that acts of vandalism within healthcare institutions must be addressed with severity. It 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 observed that offenses under Section 4 of the 2012 Act, including damage to healthcare property, are cognizable and non-bailable, reflecting legislative intent to treat such acts with seriousness. Reiterating the principles from earlier rulings, the Court noted that requiring a deposit equivalent to the damage serves as a deterrent and facilitates compensation if the accused is found guilty. Conversely, the deposit would be refunded if the accused is acquitted.

The Court further expressed its opinion that legislative amendments should be made to explicitly incorporate such conditions into the 2012 Act, and directed the Registry to forward its order to the Chief Secretary of Kerala for appropriate consideration. Accordingly, the petitioner was granted bail on the condition of depositing ₹10,000 with the jurisdictional court.