LAWS(KER)-2025-2-42

DAVIS P R Vs. STATE OF KERALA

Decided On February 05, 2025
Davis P R Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Destruction of property is a form of violence. Nowadays, when criminal offences are committed, there is a tendency to damage the private properties of the victims, like their residential houses, household items, office items, etc. If a 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 in criminal cases have to wait a long time to get compensation. If damages are caused to private properties by the assailants, can a condition 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, is the question to be decided in this case.

(2.) I will narrate the facts in these bail applications separately. BA No.427/2025 is filed by the accused in Crime No.36/2025 of Mala Police Station, Thrissur District. The above case is registered against the petitioners alleging offences punishable under Ss. 126(2), 115(2), 118(1), 110, 333, 324(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). The prosecution case is that, on 04/01/2025 at about 8:30 pm, while the defacto complainant and his brother were standing in front of their house near the shop of his father, accused Nos.1 to 4, who were having enmity with the defacto complainant, assaulted the father of the defacto complainant. When the defacto complainant intervened, the accused assaulted the defacto complainant and his brother Amarjith using their hands. When the defacto complainant, his brother and his father were trying to escape from the place, the accused attacked them using an iron rod and also damaged the glass of the shop attached to the house of the defacto complainant. It is also alleged that several glass vessels and the articles in the shop were damaged. According to the prosecution, they sustained a loss of about Rs.One Lakh. Hence it is alleged that the accused committed the offence.

(3.) The petitioners in BA No.831/2025 are the accused in Crime No.735/2024 of Ranny Police Station, Pathanamthitta. The above case is registered against the petitioners alleging offences punishable under Ss. 296, 333, 118(1), 115(2), 324(5), 189(1), 189(2), 191(2), 191(3) and 190 of BNS. The prosecution case is that the accused, along with two identifiable persons, trespassed into the residence of the first informant on 05/10/2024, at 9.30 pm, and assaulted the defacto complainant, his parents and his brother using a weapon, like an iron rod, damaged two motorcycles and two mobile phones, demolished walls, etc. It is alleged that the defacto complainant sustained a loss of Rs.3,36,000/-.