Regarding the granting of bail in cases filed under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, the Kerala High Court has made a noteworthy statement. When giving bail to Nithin Gopi, who was charged with assaulting physicians and causing damage to hospital property in Thiruvananthapuram, Justice P.V. Kunhikrishnan proposed a new bail requirement. He suggested that before being granted bail, the guilty should be asked to deposit a sum equal to the harm that was done. The court in this instance ordered the accused to pay a deposit of Rs 10,000, which was intended to compensate for the harm done to the hospital’s property.
The court’s recommendation emphasizes how seriously the Act handles property damage and violence in healthcare facilities. The Act’s preamble makes it quite evident that its main goal is to prohibit violence and property destruction in healthcare environments, protecting medical personnel and facilities from such crimes. Because lawmakers are so concerned about such situations, the Act makes any offence under Section 4(4) cognizable and non-bailable. This section’s offences are regarded as extremely serious, and before granting bail, great thought must be given.
Justice Kunhikrishnan underlined that the court need to think about requiring a monetary deposit as part of the bail requirements in situations where the accused has harmed medical facilities. This would guarantee that, even before the trial is over, there is a real repercussion for the harm done. The judge further explained that the money deposited would be returned if the accused was found not guilty or acquitted. On the other hand, the money deposited might be applied to the accused’s payment of a fine or damages if the court rules that they must.
The goal of the court’s surveillance is to establish a safeguard against violence and property damage at medical facilities, including hospitals. The court hopes to hold people responsible for the harm they cause while simultaneously making sure that medical facilities are not left to foot the bill for such instances by imposing the requirement of a deposit. This strategy may also discourage others from committing similar violent crimes or destroying property in medical facilities.
A rising understanding of the need to safeguard healthcare facilities from violence and destruction, which can disrupt services and put patients and healthcare workers in danger, is reflected in the adoption of this bail requirement. The case has established a standard for future court cases involving violence against Keralan healthcare facilities and medical personnel.
SOURCE :
INDIAN EXPRESS
