High CourtsSingle Bench(2020) 12 KL CK 0379

Nidheesh And Ors vs State Of Kerala And Anr

High Court Of Kerala · Decided on 29 December 2020

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 4056 Of 2020 (F)

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Judgment

14 paragraphs · 276 words
1.

Petitioners challenge one of the conditions imposed by the learned Sessions Judge, Thrissur, while granting them anticipatory bail. They are

aggrieved by the condition directing them to deposit Rs.1500/- each before the Judicial First Class Magistrate Court, Kunnamkulam towards the value

equivalent to the loss allegedly caused to the public property. Petitioners are alleged to have committed offences under the Indian Penal Code, Kerala

Epidemic Diseases Ordinance, 2020 and Section 3(1) of the Prevention of Damage to Public Property Act.

2.

It is submitted by the learned counsel for the petitioners that the value of the public property alleged to have been destroyed by them is only at the

most Rs.300/-. However, imposition of Rs.1,500/- each is too onerous a condition for them to comply with, especially in the light of the present Covid-

19 pandemic.

3.

Taking note of the circumstances arising in the case, I am of the view that, the questioned condition was imposed by the learned Sessions Judge

taking note of the submission made by the learned counsel appearing for the petitioners in the court below and the same cannot be found fault with.

However, taking note of the present Covid-19 pandemic, the direction to the petitioners to deposit an amount of Rs.1,500/- as a condition, can be

modified by reducing it slightly. Accordingly, the amount of Rs.1,500/- directed to be deposited by the petitioners in the order dated 3.9.2020 in

Crl.M.C. No.708 of 2020 on the files of the Sessions Court, Thrissur, shall stand reduced to Rs.1,000/-. All other conditions imposed by the learned

Sessions Judge in Annexure A1 order shall remain as such.

Crl.M.C. is disposed of as above.