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P. V. KUNHIKRISHNAN
NITHIN GOPI S/O GOPINATHAN PILLA – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. A hospital building is not just a physical structure, but a symbol of hope and healing for those who enter its doors. Any vandalism in hospitals should be dealt by the police seriously and the judiciary will be very vigilant in those cases. This is a case in which the accused trespassed in to a hospital and damaged a portion of the hospital. This Bail Application is filed by the accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is an accused in Crime No. 1889 of 2024 of Vizhinjam Police Station registered alleging offences punishable under Sections 333, 118(1), 324(5), 296(b) of BNS and 3, 4(1), 4(2) of Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012 (For short Act 2012). Petitioner was arrested on 07.12.2024 and he is in custody.
3. The prosecution case is that, on 07.12.2024, at 07.30 PM the accused criminally trespassed into the Ayurveda Hospital situated at Mukkola and uttered obscene words against the staff of the said hospital and hit on the front glass of the said hospital with iron rod and destroyed it and caused injury to the staffs of the aforementioned hosp
Bail conditions in cases of vandalism to healthcare institutions must include deposit of damage costs to ensure accountability and discourage further offenses.
The court established that bail can be granted with conditions requiring the deposit of damages for property destruction, emphasizing accountability and deterrence against vandalism.
If an offence of house trespass which is a non-bailable offence coupled with mischief is committed, Court can direct accused to deposit amount of damages/half of amount or even double amount of damag....
The Court emphasizes the necessity for custodial interrogation due to the serious nature of allegations in pre-arrest bail applications.
The court emphasizes the necessity of custodial interrogation for serious charges and denies pre-arrest bail based on investigation concerns.
The court emphasized the need for special circumstances to grant pre-arrest bail, given the serious nature of the accusations and ongoing investigations.
Court grants bail under specific conditions despite allegations, citing insufficient grounds for continued detention.
The court emphasizes the need for substantial evidence connecting the accused to alleged offenses for denial of bail.
Bail conditions set to prevent witness intimidation while acknowledging potential false implications of political rivalry.
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