The Kerala High Court has ordered the deposit of compensation for damage to private property as a condition for granting bail to accused persons in two cases related to the destruction of private properties.
The order was issued by Justice P V Kunhikrishnan on February 5, disposing of bail petitions filed by accused persons in two separate cases registered at Mala and Ranni police stations in Kerala, related to illegally trespassing into the houses of victims and causing damage.
In the first case, four accused men - Davis PR, Linu PV, Shiju, and Linson - attacked the complainant and destroyed his father's shop at Thiruvankulam near Mala in Thrissur district, causing a loss of Rs one lakh on January 4, 2025.
In the second case, another three accused men - Sunil Kumar H, Akhil Aji, and Sanju Baby Kuttan - trespassed into the house of a complainant at Ranni in Pathanamthitta district and caused damage to the house and household goods worth Rs 3.36 lakh in October 2024.
Considering the bail petitions, the court observed that everyone constructs their dream house, office, or other structures using their hard-earned money.
"Destroying or damaging such private property is easy, but the pain suffered by the owners of such private property is immeasurable. The law will take some time to reach its logical conclusion because an investigation by the police and thereafter a trial by the court of law is necessary in such cases. This process may take some time," the court observed.
However, during the investigation, if it is revealed that the private property was damaged by the accused by trespassing into the residential house, office, or other buildings, the court is of the considered opinion that the court of law can direct the accused to deposit the amount of damages as a condition for granting bail to the assailants.
"It can be termed as a ‘legal pinch’ subject to the conclusion of the investigation and the conclusion of the trial by a competent Criminal Court. After investigation, if the police find that there are no damages as alleged, the accused can file an appropriate application before the Jurisdictional Court to refund the amount. Similarly, if a final report is filed alleging mischief, but the court of law finds that the accused has not committed mischief, the person who deposited the amount can claim a refund. But, if the accused are convicted by a court of law for the offence of mischief, the court concerned can use the deposited amount to compensate the victims," the court pointed out.
According to the court, if such a condition is imposed at the preliminary stage itself, there is a chance to decrease vandalism and destruction while trespassing into residential houses and other buildings.
The court also stated that the legislature should seriously consider whether such a condition while granting bail is necessary in cases of house trespass and mischief in residential houses, offices, etc.
While granting bail, the court additionally imposed a condition for the accused persons to deposit Rs 25,000 each in the Mala case and Rs 45,000 each in the Ranni case before the Jurisdictional Court and produce the receipt before the Investigation Officer at the time of surrender. The deposited amount will be subject to the investigation in the case and also subject to the final decision of the court of law.