ORDER

Dated this the 21st day of January 2021 This is an application filed under Section

438 of Cr.P.C seeking anticipatory bail.

The applicant is the first accused in Crime No.4177/2020 of Kottarakkara Police Station, Kollam, for having allegedly committed offences punishable under Sections 143, 147, 341, 294(b) r/w Section 149 of the IPC and under Section 3(2) of Prevention of Damage to Public Properties Act, 1984

2. The prosecution case, in brief, is that when the woman SI of the Kottarakkara Police Station was taking into custody an offender in connection with a crime, the applicant and others formed an unlawful assembly and committed riot and wrongfully restrained the policemen from carrying of their duties and hurled abuses at them and also caused damage to the police jeep bearing Reg.No.KL-01-BW-5994 causing a loss of Rs.25,000/-

to the public property.

3. The applicant states that the allegations are not true and that a person was illegally taken into custody and the applicant and other accused were questioned to the police regarding taking into custody of a person who is totally innocent. This irked the policemen and they had registered a false fictitious case against the applicant and the other co-accused. The applicant does not have any criminal antecedents and he is willing to co- operate with the investigation, hence seeks pre-

arrest bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. In view of the fact that an offence under the PDPP Act has been committed by the applicant and others and that a loss of Rs.25,000/- has been caused to the public property with the actions of the applicant and others. The applicant cannot be granted bail without depositing the amount and under the circumstances, the applicant is not entitled to anticipatory bail, but he can seek regular bail from the jurisdictional court on deposit of money.

Hence, the applicant is directed to surrender before the investigating officer within two weeks. In the event of his arrest, he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail, which shall be considered and disposed of preferably on the same date and in case the bail is granted, it shall be on condition as depositing the loss which has sustained to the public property. The petition is disposed of as above.