The Kerala High Court in the case Jayaprakash v. State of Kerala and Anr observed and has granted bail to a litigant who had made headlines for vandalising the car which is being used by a Thiruvalla Judge of Family Court.
The bench headed by Justice Ziyad Rahman A in the case observed and has granted bail to the petitioner wherein considering that he had been in custody since mid-June without entering any findings on the merits of the present case.
In the present case, the petitioner was involved in the divorce and the maintenance cases which are being pending before the Thiruvalla Family Court and has obstructed the official duties of the court’s presiding officer and staff due to personal enmity.
The petitioner in the case was also accused of vandalising the car used by the Family Court Judge’s car using an iron rod on court premises and also threatening the judge and other court staff.
Therefore, the petitioner in the case was arrested on June 22 and since then, he has been in the judicial custody.
The counsel appearing for the petitioner argued before the court that the offence under the Prevention of Damage to Public Property Act would not be attracted since the car used by the Judge of the Family Court was not public property as it was not being owned by the government. It has also been emphasized by Advocate Firoz that the car was being rented for the Judge’s purposes.
It was also been argued before the court that the offence as stated under Section 353 would not be attracted either since none of the public servants were being assaulted or are injured by the petitioner. The counsel, Senior Public Prosecutor Seetha S appearing before the court submitted that there were specific allegations and evidence against the petitioner. Further, it has also been mentioned by her that the act committed by the petitioner resulted in a loss for an amount of Rs.70,000/- and that the matter was still under investigation and that the said matter was still under investigation. The court in the case observed and has refrained from entering any finding which being at the current stage of the investigation.
The court also acknowledged that there were specific allegations against the petition. Therefore, the said court while taking note of the fact that he had been detained for a long time and his lack of criminal antecedents
The bench of Justice Rahman in the case observed and has granted bail to the petitioner.
Accordingly, the court allowed the bail application and has released the petitioner on bail with the usual conditions.
The counsel, Advocate K.M Firoz, Advocate M. Shajna, Advocate E.C Ahamed Fazil and Advocate PC Muhammed Noushiq appeared for the petitioner.
