Kerala High Court
Crl.MC/4056/2020 of NIDHEESH Vs STATE OF KERALA on 29 December 2020
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Crl.MC.No.4056 OF 2020(F) AGAINST THE ORDER IN CRL.MC 708/2020 OF SESSIONS COURT,THRISSUR CRIME NO.1018/2020 OF KUNNAMKULAM POLICE STATION, THRISSUR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942
Crl.MC.No.4056 OF 2020(F)
AGAINST THE ORDER IN CRL.MC 708/2020 OF SESSIONSCOURT,THRISSUR
CRIME NO.1018/2020 OF KUNNAMKULAM POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.1 TO 22:
1NIDHEESHAGED 28 YEARS, S/O.MURALI, ANEDATH HOUSE, CHEMMANTHATTA P.O., THRISSUR.
2VIGNESWARA PRASADAGED 29 YEARS, S/O.MOHANAN, KONGATH HOUSE, PERUMBILAVU, THRISSUR.
3MAHESHAGED 32 YEARS, S/O.MANI, MAKANDATHIL HOUSE, THIPPILISSERY P.O., PERUMBILAVU, THRISSUR.
4VARGHESEAGED 51 YEARS, S/O.IYYAPPU, KAKASSERY HOUSE, CHOWANNUR, THRISSUR.
5LIPIN K.MOHANAGED 30 YEARS, S/O.MOHANAN, KURUNJOORINJALI HOUSE, KADANGODE, VELLARKAD, THRISSUR.
6JAIMONAGED 32 YEARS, S/O.JAISON, THOLATH HOUSE, KURUKANPARA, KUNNAMKULAM, THRISSUR.
7JERIN P.RAJUAGED 29 YEARS, S/O.RAJU, PULIKKOTTIL HOUSE, NEAR GIRLS HIGH SCHOOL, KUNNAMKULAM, THRISSUR.
8RANJITHAGED 34 YEARS, S/O.RADHAKRISHNAN, KANNETH HOUSE, AKKIKKAVU P.O., THRISSUR.AGED 34 YEARS, S/O.RADHAKRISHNAN, KANNETH HOUSE, AKKIKKAVU P.O., THRISSUR.
9MIDHUN BABUAGED 23 YEARS, S/O.BABU, KOLADY HOUSE, AKATHIYOOR P.O., PARAMPADAM, THRISSUR.
10SREERAG
AGED 26 YEARS, S/O.SIVARAMAN, CHANNASERY HOUSE, VELLARKAD, KADANGODE, THRISSUR.
11ELJOAGED 28 YEARS, S/O.JOY, KIDANGAN, NEAR SENIOR GROUND, KUNNAMKULAM, THRISSUR.
12SALEEM
AGED 38 YEARS, S/O.MOIDUTTY, MARAMPURATH HOUSE, ERUMAPETTY, THRISSUR DIST.MARAMPURATH HOUSE, ERUMAPETTY, THRISSUR DIST.
13NAVEEN
AGED 32 YEARS, S/O.CHUMMAR, CHUNGATH HOUSE, CHOWANNUR, THRISSUR.CHUNGATH HOUSE, CHOWANNUR, THRISSUR.
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22FAROOKAGED 32 YEARS, S/O.MUHAMMED, ORAVIL HOUSE, ANGADI P.O., PALAKKAD.
BY ADV. SRI.M.R.SASITH
RESPONDENT/STATE/RESPONDENT:
SMT SREEJA V- PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 29.12.2020, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
Crl.M.C. No.4056/20
ORDER
Dated this the 29[th] day of December, 2020
Petitioners challenge one of the conditions imposed by the learned Sessions Judge, Thrissur, while granting themanticipatory bail. They are aggrieved by the condition directingthem to deposit Rs.1500/- each before the Judicial First ClassMagistrate Court, Kunnamkulam towards the value equivalent tothe loss allegedly caused to the public property. Petitioners arealleged to have committed offences under the Indian Penal Code,Kerala Epidemic Diseases Ordinance, 2020 and Section 3(1) ofthe Prevention of Damage to Public Property Act.
2. It is submitted by the learned counsel for the petitioners that the value of the public property alleged to have beendestroyed by them is only at the most Rs.300/-. However,imposition of Rs.1,500/- each is too onerous a condition for themto comply with, especially in the light of the present Covid-19pandemic.
3. Taking note of the circumstances arising in the case, Iam of the view that, the questioned condition was imposed by
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the learned Sessions Judge taking note of the submission madeby the learned counsel appearing for the petitioners in the courtbelow and the same cannot be found fault with. However, takingnote of the present Covid-19 pandemic, the direction to thepetitioners to deposit an amount of Rs.1,500/- as a condition, canbe modified by reducing it slightly. Accordingly, the amount ofRs.1,500/- directed to be deposited by the petitioners in the orderdated 3.9.2020 in Crl.M.C. No.708 of 2020 on the files of theSessions Court, Thrissur, shall stand reduced to Rs.1,000/-. Allother conditions imposed by the learned Sessions Judge inAnnexure A1 order shall remain as such.
Crl.M.C. is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1TRUE COPY OF THE ORDER IN CRL.M.C708/2020 OF SESSION COURT, THRISSUR.
ANNEXURE A2TRUE COPY ORDER IN CRL.MC NO.1740/2020OF HON'BLE HIGH COURT.RESPONDENT'S/S' EXHIBITS:
NIL
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