IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 19TH DAY OF DECEMBER 2024 / 28TH AGRAHAYANA, 1946 BAIL APPL. NO. 10533 OF 2024 CRIME NO.1889/2024 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED

12.12.2024 IN CMP NO.4158 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT - VII,NEYYATTINKARA PETITIONER/S:

NITHIN GOPI AGED 21 YEARS S/O.GOPINATHAN PILLA,VADAKKATHIL VEEDU,KUTTIYIL,EDAMANASSERY,MAINAKAPPALLI VILLAGE,KOLLAM DISTRICT, PIN - 690519 BY ADV SOORANAD S.SREEKUMAR RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 SUB INSPECTOR OF POLICE VIZHINJAM POLICE STATION ,THIRUVANANTHAPUTAM CITY, PIN - 695521 OTHER PRESENT:

SRI RENJITH GEORGE SR,PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

19.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CR’

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P.V.KUNHIKRISHNAN, J --------------------------------

B.A.No. 10533 of 2024 -------------------------------

th Dated this the 19 day of December, 2024

O R D E R

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 hospital and also threw flower pots of the said institution and broken it and thus, the accused caused a loss of Rs.10,000/- to the hospital. Hence, it is alleged that the accused has committed the offences.

4. Heard the counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that, the petitioner is in custody from 07.12.2024. The petitioner is ready to abide by any conditions, if this court grants him bail.

6. The Public Prosecutor opposed the bail application and submitted that, the petitioner trespassed into an Ayurveda Hospital and committed damages in the hospital to the tune of Rs.10,000/-.

7. This Court considered the contentions of both the petitioner and the Public Prosecutor.

8. 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 (Prevention of Violence and Damage to Property) Act, 2012, is alleged, this Court can adopt the same principle. This Court in Hemanth Kumar and Others v. Sub Inspector of Police and Another [2011 (4) KHC 89] observed that;

8. I am of the view that in cases where public property is destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for granting bail to them. Otherwise, the loss sustained to the State would not be realised at