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P. V. KUNHIKRISHNAN
Davis P R – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent
ORDER :
P.V.KUNHIKRISHNAN, J.
Destruction of property is a form of violence. Nowadays, when criminal offences are committed, there is a tendency to damage the private properties of the victims, like their residential houses, household items, office items, etc. If a physical hurt is caused, it can be cured on some occasions by medication. But the destruction of property can be compensated only through money. However, the victims in criminal cases have to wait a long time to get compensation. If damages are caused to private properties by the assailants, can a condition be imposed to deposit the damages assessed by the Police as a condition for granting bail, subject to the result of the final decision in the investigation and also by a competent court, is the question to be decided in this case.
2. I will narrate the facts in these bail applications separately. BA No.427/2025 is filed by the accused in Crime No.36/2025 of Mala Police Station, Thrissur District. The above case is registered against the petitioners alleging offences punishable under Sections 126(2), 115(2), 118(1), 110, 333, 324(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). The prosecution case is th
The court established that bail can be granted with conditions requiring the deposit of damages for property destruction, emphasizing accountability and deterrence against vandalism.
If an offence of house trespass which is a non-bailable offence coupled with mischief is committed, Court can direct accused to deposit amount of damages/half of amount or even double amount of damag....
Bail conditions in cases of vandalism to healthcare institutions must include deposit of damage costs to ensure accountability and discourage further offenses.
Court grants bail under specific conditions despite allegations, citing insufficient grounds for continued detention.
Grant of bail – Any conditions imposed must be reasonable and directly related to this objective – While deciding bail application, it is not the jurisdiction of Court to decide civil disputes as bet....
Mere violation of bail condition is not sufficient to warrant cancellation of bail; a summary inquiry is necessary to determine the impact of the accused's involvement on the administration of justic....
Grant of Pre-arrest bail (Anticipatory bail) – Conditions to be imposed must not be onerous or unreasonable or excessive – Tests for grant of anticipatory bail are well delineated and stand recognize....
The court finds pre-arrest bail appropriate due to insufficient evidence implicating the applicants in the alleged crime.
conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it m....
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