Kochi: The Kerala High Court has said that restrictions should be imposed on bail applications for persons alleged to have committed offences under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012. This includes crimes such as criminal trespassing and causing damage to hospital property.

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 accused individuals should be required to deposit the value of the destroyed property, or a higher amount, as a condition for bail under the 2012 Act, reported LiveLaw.

In this regard, Justice P V Kunhikrishnan thus directed the petitioner to deposit ten thousand rupees while allowing his bail application. 

“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", the Justice said.

"The court is 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, are alleged, this court can adopt the same principle,” the Justice added.

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. The petitioner has approached the court for bail.

A case 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.