BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.219/2022 of Sakthikulangara Police Station, which is registered for the offences punishable under Sec. 436 of the Indian Penal Code (IPC) r/w. Sec. 3(2)(e) [presumably wrongfully mentioned as Sec. 4(2)(e)] of the Prevention of Damages to Public Property Act, 1984 (for short 'PDPP Act ').

(2.) The allegation against the petitioner is that on 25/3/2022 at 00.55 mid-night, the petitioner set ablaze a temporary shed in which a plastic cleaning unit of the Sakthikulangara Fishing Harbour. It was alleged that, on account of the petitioner's acts, a loss of Rs.8.00 lakhs was sustained to the Harbour Engineering Department. The petitioner was arrested on 10/4/2022 and was remanded to judicial custody. The application submitted by the petitioner for bail was allowed by the Principal Sessions Court, Kollam, as per order dtd. 11/5/2022 in Crl.M.C.No.914/2022. One of the conditions imposed by the learned Sessions Judge was to furnish cash security of Rs.8.00 lakhs before the Judicial First Class Magistrate Court-II, Kollam for releasing him on bail. The petitioner has approached this Court challenging the aforesaid order to the extent of imposing cash security as mentioned above.

(3.) Heard Sri.Sasith M.R., the learned counsel for the petitioner, Sri.C.S.Hrithwik, the learned Public Prosecutor for respondents 1 and 2.