Monday, October 24, 2011: The Kerala High Court has ruled that if
public property is destroyed during agitations, the accused should be
directed to deposit the amount of loss as a condition for bail.
The order in this regard was issued today by Justice K T Sankaran on a
petition filed by seven DYFI activists who allegedly destroyed a police
jeep on September 20 in Chevayoor police station limits. The court had
earlier granted bail to the accused on condition that they deposit Rs
25,000.
However, they approached the court with a plea to reconsider the
condition. The high court today said Prevention of Public Property Act
was enacted with a view to curb acts of vandalism and damage to public
property, including destruction and damage in riots.
It directed the petitioners to deposit Rs 25,000 before the Judicial
First Class Magistrate, Kozhikode and held they should be released only
after remitting the amount. The state government submitted that
destruction of public property cannot always be compensated in terms of
money.
A rigorous approach is required on granting bail and also in imposing
conditions in cases where there are destruction of public property, it
said. If the accused are found not guilty and acquitted, they would be
entitled for refund, the court held.
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