Vandalism in Hospitals: Kerala HC calls for Damage Deposit as Bail Condition

Kochi: The Kerala High Court has recommended that the legislature consider amending the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, to include a provision that would require the accused to deposit an amount for damages as a condition for granting bail in cases of vandalism in hospitals.

Hospitals are the ''temples of modern society'', where people go to ''worship the gods of health and wellness'' and therefore, any vandalism there should be prevented by using the iron hands of law, the Kerala High Court has held.

According to the PTI report, the observation by Justice P V Kunhikrishnan came while granting bail to a man accused of vandalising an Ayurveda Hospital situated at Mukkola in Thiruvananthapuram district on December 7 and causing damages to the tune of Rs 10,000.

One of the bail conditions imposed upon the accused was that he deposit a sum of Rs 10,000 with the jurisdictional court and if he is acquitted in the case, the amount shall be refunded to him. 

The High Court said, If he is found guilty and punished, the deposited amount can be used to pay the compensation for the damages caused to the hospital.

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"I am also of the opinion that the legislature should consider making appropriate amendments in Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 to include such a condition for getting bail in these types of cases," Justice Kunhikrishnan said.

The High Court said that a hospital building was not just a physical structure, but "a symbol of hope and healing" and any vandalism there should be dealt with by the police seriously and the judiciary should be vigilant in such cases.

"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 or 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," the High Court said, news agency PTI reported.

Hence, some restrictions are necessary while granting bail in such cases. it added.

The other bail conditions imposed on the accused included furnishing a bond of Rs 50,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

The High Court also directed that the accused shall appear before the Investigating Officer (IO) for interrogation as and when required, shall cooperate with the probe and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

Besides that, it also directed the accused not to leave India without permission of the jurisdictional court.

The High Court further directed the Registry to forward a copy of the order to the Chief Secretary, State of Kerala for appropriate action with regard to making amendments in the Act of 2012 as suggested by the court.

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