Kerala HC suggests 'legal pinch' for bail in property damage cases

Kochi, Feb 10 (PTI) The Kerala High Court has observed that in cases where individuals are accused of damaging private property by trespassing into residential houses, offices, and other buildings, the court of law can direct the accused to deposit the amount of damages as a condition for granting bail.
    In a recent order granting bail to accused individuals in such cases, the court made this observation and opined that the legislature should seriously consider whether such a condition is necessary when granting bail in cases of house trespass and mischief in residential houses, offices, and so on.
    "It can be termed as a 'legal pinch,' subject to the conclusion of the investigation and the trial by a competent criminal court. After investigation, if the police find that there are no damages as alleged, the accused can file an appropriate application before the jurisdictional court to refund the amount," Justice PV Kunhikrishnan, stated in the order.
    "Similarly, if a final report is filed alleging mischief but the court finds that the accused has not perpetrated the offence, the person who deposited the amount can claim a refund, the order said."
    However, if the accused is convicted by a court of law for the offence of mischief, the deposited amount can be used to compensate the victims, the court stated.
    "If such a condition is imposed at the preliminary stage itself, there is a chance to reduce vandalism and destruction during trespassing into residential houses and other buildings," the court noted.
    The court further opined that assailants should understand the distress of people who have suffered 'vandalism', resulting in the destruction of their hard-earned homes, household articles, etc.
    "If a 'legal pinch' is given to such assailants at the bail stage itself, the tendency to destroy will decrease, and a message will be sent to society," the court said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)