KOCHI: The HC has suggested the inclusion of depositing an amount towards damage caused as a condition for granting bail to the accused in cases registered under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act.

Justice P V Kunhikrishnan made the observation while granting bail to Nithin Gopi, an accused in a case registered in connection with attacking doctors and destroying hospital properties in Thiruvananthapuram, on a condition of depositing Rs 10,000 towards the damage.

The court observed that the preamble of the Act itself indicates its intention is prevention of damages and loss to property in healthcare institutions. As per Section 4(4) of the Act, any offence under sub-section (1) shall be cognizable and non-bailable. That shows the serious concern of the Act in these types of cases.

Hence while granting bail, in cases where offences under the Act are alleged and if any damage is caused to the healthcare institutions by the accused, the courts should impose the condition. If the accused are found not guilty and acquitted, they would be entitled to a refund. If the court concludes the accused is liable to pay any fine/compensation, the amount deposited can be utilised for payment of the fine/compensation.