The trial court considering the bail pleas of former Kochi Mayor Tony Chammany and others, who were arrested for allegedly damaging the car of actor Joju George, will pass its order on Wednesday.
Opposing the bail plea of the accused, Assistant Public Prosecutor S. Saiju contended that the spirit of the legislation, Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019, shall be upheld even while considering the bail plea in such cases. The legislation was enacted to deter any attempts to cause damage to private property. In this case, it was a film actor who fell victim to the attack of the accused, he contended.
If the court decides in favour of enlarging the accused on bail, stringent bail conditions shall be imposed, he submitted.
The Assistant Public Prosecutor submitted that at least half the value of the property that was damaged in the attack shall be ensured as bail bond in the case. Though the police estimated the loss sustained by the owner of the vehicle as around six lakh, the loss shall be taken into consideration only at a later stage. The value of the property shall be considered, at the current stage of the case, he argued.
Eldos Mathew, the Judicial First Class Magistrate 8, who is considering the case, posted it for orders.
Siyad Mohamad, the counsel for the accused, contended the continued custody of the accused was not necessary in the case as the police have already recovered a stone, which was allegedly used to damage the vehicle. Even the prosecution had no specific case that Mr. Chammany, who was arraigned as the accused, had attacked the actor or damaged the vehicle. All the accused had surrendered before the police, he submitted.
He also opposed the contention of the prosecution that at least half the value of the vehicle shall be deposited as surety. The surety shall be half the amount, estimated as loss sustained in the alleged incident, he submitted.
Published - November 09, 2021 09:36 pm IST
