Kerala High Court Grants Bail To Litigant Who Vandalized Family Court Judge's Car

The Kerala High Court on Friday granted bail to a litigant who had made headlines for vandalising the car used by a Thiruvalla Family Court Judge. 

Justice Ziyad Rahman A. A granted bail to the petitioner considering that he had been in custody since mid-June without entering any findings on the merits of the case. 

The prosecution case is that the petitioner, who was involved in divorce and maintenance cases pending before the Thiruvalla Family Court, obstructed the official duties of the court's presiding officer and staff due to personal enmity.

He was also accused of vandalising the car used by the Family Court Judge's car using an iron rod on court premises and threatening the judge and other court staff. Accordingly, he was booked for offences punishable under Sections 353, 294(b), 506(II) of IPC and also under Section 3 (1) of the Prevention of Damage to Public Property Act. 

The petitioner was arrested on 22nd June and has been in judicial custody since then.  

Advocates K.M Firoz, M. Shajna, E.C Ahamed Fazil and PC Muhammed Noushiq appeared for the petitioner and argued that the offence under the Prevention of Damage to Public Property Act would not be attracted since the car used by the Family Court Judge was not public property as it was not owned by the government. Advocate Firoz emphasised that the car was being rented for the Judge's purposes. 

It was also argued that the offence under Section 353 would not be attracted either since none of the public servants were assaulted or injured by the petitioner. 

However, Senior Public Prosecutor Seetha S pointed out that there were specific allegations and evidence against the petitioner. She also mentioned that the act committed by the petitioner resulted in a loss of Rs.70,000/- and that the matter was still under investigation.

Regarding the contentions of the petitioners, the Court refrained from entering any finding at the current stage of the investigation. 

The Court acknowledged that there were specific allegations against the petitioner. However, taking note of the fact that he had been detained for a long time and his lack of criminal antecedents, Justice Rahman granted bail to the petitioner. 

As such, the bail application was allowed and the petitioner was released on bail with the usual conditions.

Case Title: Jayaprakash v. State of Kerala & Anr

Citation: 2023 LiveLaw (Ker) 326

Click Here To Read/Download The Order