AJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 3rd accused in Crime No.92 of 2021 of the Ernakulam Town North Police Station, registered for offences punishable under Sections 451, 353, 294(b) and 341 read with 34 of IPC and Section 3(2)(c) of the Prevention of Damage to Public Property Act, 1984. The petitioner, along with other accused, is alleged to have vandalised a BEVCO outlet at 8.30 p.m on 7.2.2021, on being informed that beer was out of stock at the outlet. It is alleged that the accused trespassed into the outlet, assaulted the employees and broke some beer bottles. The petitioner was arrested on 9.2.2021 and by Annexure A2, he was granted bail subject to certain conditions. As per condition No.2 in Annexure A2, the petitioner is required to deposit Rs.50,000/-.

(2.) This Crl. M.C is filed praying to delete condition No. 2 in Annexure A2 order, based on the submission of the de facto complainant himself that the damage caused is to the tune of Rs.3,170/- only and that too, by the 2nd accused alone.

(3.) Learned counsel for the petitioner points out that the petitioner having failed to comply with condition No. 2 in Annexure A2, is still languishing in custody. It is submitted that unless the onerous condition is lifted the petitioner will lose the benefit of Annexure A2 bail order.