Kochi, December 2024: The Kerala High Court has recommended that the Kerala legislature amend the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, to include a provision mandating the accused to deposit an amount for damages as a condition for granting bail in cases of hospital vandalism.
Court’s Observations on Vandalism in Hospitals
Justice P V Kunhikrishnan made these remarks while granting bail to a man accused of vandalizing an Ayurveda hospital in Mukkola, Thiruvananthapuram, on December 7, causing damage worth Rs 10,000. The court emphasized that hospitals should be treated with the utmost respect, describing them as “temples of modern society,” where people come for health and healing. Vandalism in such sacred spaces should be dealt with severely, the court stressed.
Bail Conditions
As part of the bail conditions, the accused was directed to deposit Rs 10,000 with the jurisdictional court, which would be refunded if he is acquitted. However, if convicted, the amount could be used for compensating the hospital for the damages.
The High Court also imposed additional conditions, including:
- A bond of Rs 50,000 with two solvent sureties.
- Cooperation with the investigation and appearance before the Investigating Officer (IO) as required.
- A prohibition on the accused leaving India without the court’s permission.
Recommendation for Legislative Action
The court urged the Kerala legislature to consider amendments to the 2012 Act to make damage deposits a mandatory condition for bail in such cases. Justice Kunhikrishnan stated that hospitals, as symbols of hope, should not be subjected to violence and that the legal system must ensure their protection through stringent measures.
The High Court also directed the Registry to forward a copy of the order to the Chief Secretary of Kerala for appropriate action regarding the suggested amendments to the Act.
