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

The Kerala High Court has stated that restrictions have to be imposed while granting bail to persons who are alleged of committing offences under Kerala Healthcare Service persons and Healthcare Service Institutions Act 2012 for criminally trespassing and causing destruction to hospital building or hospital materials. 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 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. 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.