IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28^TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946 BAIL APPL. NO. 2488 OF 2025 CRIME NO.937/2024 OF Peechi Police Station, Thrissur PETITIONER/S:

1 SHEHEER T.A AGED 32 YEARS S/O ALI, THERUVATH HOUSE, KAIPARAMB P.O., KAIPARAMB, THRISSUR., PIN - 680564

2 PRANAV K AGED 30 YEARS S/O PRABHAKARAN, KUPPADAKATH HOUSE, PRAPOYIL P.O., CHERUPUZHA, VAYAKARA, KANNUR., PIN - 670511

3 ASHIK AGED 28 YEARS S/O IBRAHIM, ISTHIYAD MANZIL HOUSE, MECHIKODE, ELAVAMPADAM P.O., KIZHAKKANCHERI, PALAKKAD., PIN -

678684

4 B.S. JYOTHSNA AGED 26 YEARS D/O B.S. SAKTHIDHARAN, BELYAPARAMBIL HOUSE, KAIPAMANGALAM BEACH P.O., THRISSUR., PIN - 680681

5 VISHNU R AGED 27 YEARS S/O RAVEENDRAN, KUNNUMPURATH HOUSE, NAMBATHODI, ELANAD P.O., THRISSUR., PIN - 680586

6 ALVIN SHAJI AGED 23 YEARS S/O SHAJI P.V., PONNANIKKATTIL HOUSE, PATTIKKAD P.O., PATTIKKAD, THRISSUR., PIN - 680652 BY ADVS.

VIVEK.P.K SANDEEP SUKUMARAN GADHA.S RESPONDENT/S:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADV.SRI.NOUSHAD K.A-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

28.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J --------------------------------

B.A.No.2488 of 2025 -------------------------------

Dated this the 28^th day of February, 2025

O R D E R

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

2. Petitioners are the accused in Crime No.937/2024 of Peechi Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 189 (2), 191(2), 324 (4), 324 (5), 190 of the Bharatiya Nyaya Sanhita (BNS) and Section 3 (2) (e) of Prevention Damage Public Property Act

1984 (PDPP Act).

3. The prosecution case is that on 04.12.2024 at

12.00 pm, the petitioners along with the other accused formed into an unlawful assembly and caused damages to the main entrance of the Kerala Forest Research Institute Peechi.

Now, the damage is assessed as Rs.10,430/-.

4. Heard counsel for the petitioners and the Public Prosecutor.

5. The counsel for the petitioners submitted that, the petitioners are students. The counsel submitted that the petitioners are ready to abide by any conditions, if this Court grants them bail.

6. Public Prosecutor opposed the bail application.

7. This Court considered the contention of the petitioners and Public Prosecutor. The prosecution case is that, the petitioners committed mischief to the Public Property. In Hemachandran M. T. @ Kamalesh and Others v. Sub Inspector of Police and Another [2011 (4) KHC 689], this Court observed like this:

" 24. The PDPP Act was enacted with a view to curb acts of vandalism and damage to public property, including destruction and damage caused during riots and public commotion. The PDPP Act is an Act to provide for prevention of damage to public property and for the matters connected therewith. The Act defines "public property". S.2 (a) of the PDPP Act provides that unless the context otherwise requires, "mischief" shall have the same meaning as in S.425 of the Indian Penal Code. Chapter XVII of the Indian Penal Code deals with offences against property. S.425 to 440 of the Indian Penal Code deal with "mischief". Punishment under these Sections vary from imprisonment for a term which may extend to three months to a term which may extend to ten years. Irrespective of the term of imprisonment as punishment, all the offences under Chapter XVII of the IPC are covered by S.437 (3) CrlPC S.5 of the PDPP Act provides that "no person accused or convicted of an offence punishable under S.3 or 4 shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release. The fourth proviso to S.437 CrlPC provides for opportunity of hearing to the Public Prosecutor only if the offence is punishable with death, imprisonment for life,