This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3, 5 and 4 in Crime No.478 of 2011 of Kunnamangalam Police Station, Kozhikode District.

2. The offences alleged against the petitioners are under Section 143, 147 and 452 read with 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act.

3. The prosecution case is the following: On 12.8.2011, the accused forcibly entered into the Government Vocational Higher Secondary School, Chathamangalam in connection with a political strike by one of the students’ unions and the accused destroyed the furniture, computer etc. belonging to the School, thereby causing a loss of Rs.23,000/- to the State. The petitioners are not students of the Government Vocational Higher Secondary School, Chathamangalam, but they are outsiders. It is submitted by the learned counsel for the petitioners that though they are outsiders, they are also students in some other educational institutions.

4. Accused Nos.1 to 4 were arrested on 12.09.2011 and accused No.5 was arrested on 14.9.2011. They are in judicial custody since then.

5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 16.09.2011

6. The allegation is that the petitioners destroyed the valuable articles available in the school, which are intended for the use of the students. It is stated that the petitioners are also students. If so, they must understand the value and utility of the articles and materials available in the school. The petitioners had no business to enter into the compound of the school where the offence was committed. Therefore, their alleged entry was illegal. Destruction of public property is to be viewed very seriously. Very often, under the guise of strikes, hartals and other political adventures, public properties are being destroyed unmindful of the consequences. Public property means the property belonging to the public. Every citizen has a right in the public property. It cannot be destroyed by anybody under the guise of strike or protest, whatever may be the reason for the strike or protest. Even if the strike or protest is for a genuine cause, nobody can say that destruction of public property would be part of that genuine cause. There can be no justification for destruction of public property, what ever may be the cause sought to be espoused for the same.

7. It is true that the petitioners are in judicial custody since 12.09.2011 and 14.09.2011. But that by itself is not a ground to release them on bail unconditionally.

8. I am of the view that in cases where public property is destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for granting bail to them. Otherwise, the loss sustained to the State would not be realized at all. Courts cannot be mute spectators to the wanton destruction of public property. Nobody should be allowed to destroy public property and claim success of the strikes on the basis of the quantum of loss sustained to the State. It is easy to destroy; but it is not so easy to make.

9. If the accused are found not guilty and they are accordingly acquitted, they would be entitled to get refund of the amount deposited by them. If the court comes to the conclusion that the accused are liable to pay any fine, the amount in deposit can be utilized for payment of fine.

10. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions.

11. The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Mag