However, during the investigation, if it is revealed that the private property was damaged by the accused by trespassing into the residential house, office, or other buildings, the court is of the considered opinion that the court of law can direct the accused to deposit the amount of damages as a condition for granting bail to the assailants.

“It can be termed as a ‘legal pinch’ subject to the conclusion of the investigation and the conclusion of the trial by a competent Criminal Court. After investigation, if the police find that there are no damages as alleged, the accused can file an appropriate application before the Jurisdictional Court to refund the amount. Similarly, if a final report is filed alleging mischief, but the court of law finds that the accused has not committed mischief, the person who deposited the amount can claim a refund. But, if the accused are convicted by a court of law for the offence of mischief, the court concerned can use the deposited amount to compensate the victims,” the court pointed out.

According to the court, if such a condition is imposed at the preliminary stage itself, there is a chance to decrease vandalism and destruction while trespassing into residential houses and other buildings.

The court also stated that the legislature should seriously consider whether such a condition while granting bail is necessary in cases of house trespass and mischief in residential houses, offices, etc.

While granting bail, the court additionally imposed a condition for the accused persons to deposit Rs 25,000 each in the Mala case and Rs 45,000 each in the Ranni case before the Jurisdictional Court and produce the receipt before the Investigation Officer at the time of surrender. The deposited amount will be subject to the investigation in the case and also subject to the final decision of the court of law.