Bail can be granted for non-bailable offences under the PDPP Act if conditions are imposed to safeguard public interests.

O R D E R

Dated this the 25th day of January, 2021 This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video Conference.

2. The applicants are accused Nos. 1 to 5 in Crime No.775 of 2020 of Chittarikkal Police Station, Kasaragod District, for having allegedly committed offences punishable under Sections 143 , 147, 148 read with Section 149 of the IPC and under Section 3 (1) of the Prevention of Damage to Public Property Act (PDPP Act for short).

3. The prosecution case, in brief, is that on

16.12.2020 at about 4.40 p.m., consequent to the Grama Panchayath Elections the applicants were allegedly celebrating the victory of their candidate and were taking out a victory procession in a jubilant mood. The police jeep came there as a part of maintaining law and order. At that time, there was stone pelting or against the police jeep the mob turned violent and they committed riot in prosecution of the common object of an unlawful assembly of which they were all members. As a result of stone pelting the wind shield and the beacon light of the police jeep bearing registration No. KL-01-BW-5985 got damaged, resulting in a loss of Rs. 20,000/- to public property.

4. The applicants state that they are innocents and the allegations are not true. They are all sympathizers of Indian Union Muslim League and that, they have been arrayed as accused is only for political reasons. No injury was caused to any policemen or anyone else. The applicants also do not have any criminal antecedents and therefore seek pre-arrest bail. They are willing to co-

operate with the investigation.

5. Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

6. The learned Public Prosecutor admits that the applicants have no criminal antecedents. However, the police jeep was damaged and the RTO has assessed the damage at Rs. 20,000/-. Therefore, the application for bail is vehemently opposed.

7. After having heard the submissions on both sides, I find that the offences alleged against the applicants under the Indian Penal Code are all bailable. The only non-bailable offence is under the PDPP Act. The applicants have not used any deadly weapons to attack the police men nor did they deter them from carrying out their duty as public servants. As a result of stone pelting by the mob consisting of about 30 persons including the applicants, damage was caused to the public property, which will have to be made good in case the applicants are released on bail.

Therefore, the applicants are directed to surrender before the Investigating Officer within two weeks. In the event of their being arrested, after interrogation, they shall be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the Investigating officer and on following further conditions:

(i) They shall deposit a sum of Rs. 10,000/- each as damage to the public property before the jurisdictional court.

(ii) They shall appear before the Investigating Officer as and when called for.

(iii) They shall not intimidate or influence witnesses and tamper with evidence.

(iv) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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