Tweet
The Kerala High Court on Monday ruled that those who indulged in destruction of public property during agitations would have to deposit amounts equivalent to the losses they caused to the State as a condition for bail.
Justice KT Sankaran issued the order while considering a petition seeking a similar order issued earlier. The plea was filed by seven DYFI activists who had allegedly destroyed a police jeep on September 20 last at Chevayoor police station limits in Kozhikode. He said that there was no reason to review the earlier order that they deposit25,000 as a condition for bail.
The judge said the 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. He directed the petitioners to deposit25,000 before the Judicial First Class Magistrate, Kozhikode and held they should be released only after remitting the amount.
The court observed that destruction of public property during hartals and strikes was becoming a trend in the State and that this could not be allowed to continue. It said agitations involving destruction of records at Government offices could have far-reaching consequences. The order was issued after considering the State Government’s opinion on the matter.
The Government submitted that destruction of public property could not always be compensated in terms of money. A rigorous approach was required on granting bail and also in imposing conditions in cases where there was destruction of public property, it said. If the accused were found not guilty and acquitted, they would be entitled for refund, the court said.
Justice KT Sankaran issued the order while considering a petition seeking a similar order issued earlier. The plea was filed by seven DYFI activists who had allegedly destroyed a police jeep on September 20 last at Chevayoor police station limits in Kozhikode. He said that there was no reason to review the earlier order that they deposit25,000 as a condition for bail.
The judge said the 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. He directed the petitioners to deposit25,000 before the Judicial First Class Magistrate, Kozhikode and held they should be released only after remitting the amount.
The court observed that destruction of public property during hartals and strikes was becoming a trend in the State and that this could not be allowed to continue. It said agitations involving destruction of records at Government offices could have far-reaching consequences. The order was issued after considering the State Government’s opinion on the matter.
The Government submitted that destruction of public property could not always be compensated in terms of money. A rigorous approach was required on granting bail and also in imposing conditions in cases where there was destruction of public property, it said. If the accused were found not guilty and acquitted, they would be entitled for refund, the court said.
