Mohammed M.S vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.575/2023 of Vadakkenchery Police Station, Palakkad District. The offences alleged against the petitioner are under Section 427 of the Indian Penal Code, 1860 apart from Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984.

According to the prosecution, on 08.06.2023, at about 10.p.m, while the petitioner was driving a vehicle bearing No.KL-40-S-6902 he destroyed an Artificial Inteligence Camera installed on the road, causing a damage of Rs.7 lakhs and thereby committed the offences alleged.

I have heard Sri.P.Mohamed Sabah, learned Counsel for the petitioner as well as Smt.T.V.Neema, learned Public Prosecutor.

Even though the value of camera is mentioned as 7 lakhs in the FIR, it was stated across the Bar that the valuation taken during investigation revealed that the cost of the destroyed camera amounted to Rs.1,28,790/-. It was also submitted that petitioner was arrested on 11.06.2023 and has been in custody since then.

Considering the circumstances of the case and also the young age of the petitioner, I am of the view that further detention is not essential for the purpose of investigation. However, considering the damage caused to the public property, in view of the decision of the Supreme Court in In re Destruction of Public and Private Properties and others vs. State of Andhra Pradesh [(2009) 5 SCC 212] and also the decision of this Court in Ummer vs. State of Kerala [2019 (4) KLT 724], I am of the opinion that the petitioner must be directed to deposit a portion of the loss caused, as valued by the Investigating Officer.

In the above circumstances, I allow this bail application and direct the petitioner to be released on bail on the following conditions.

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall deposit an amount of Rs.50,000/- before the jurisdicational court. The amount so directed shall be appropriated depending on outcome of the trial. .If the petitioner is acquitted, the amount shall be refunded to him and on the otherhand petitioner is convicted, the same can be appropriated by the State.

(c) Petitioner shall appear before the Investigating Officer as and when required.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.