Kerala HC extends bail condition of depositing amount to cases involving damaging private properties

The Kerala High Court on Monday held that while granting bail to persons accused of trespassing into a private property, assaulting and damaging the property, a condition for depositing an amount towards damage caused to the property can be imposed.

Justice P.V. Kunhikrishnan made the ruling while granting bail with the new condition to three persons involved in an assault case in Pathanamthitta. Till now the court imposed such a condition for granting bail to persons involved in damaging public property.

The court observed that destruction of property is a form of violence. Nowadays when criminal offences are committed, there is a tendency to damage private properties of the victims like their residential houses, household items, office items and so on. If 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 have to wait for a long time to get compensation. If damage is caused to private property by assailants, a condition can 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. The court added that if the accused are acquitted, they can get back the amount from the court concerned by filing an appropriate application. However, if they are convicted, the court can use the amount to pay compensation to the victim.