In a notable legal development, the Kerala High Court has suggested implementing a ‘legal pinch’—a requirement for accused individuals to deposit an amount equivalent to the alleged damages as a condition for bail in cases involving property damage. This proposal comes in light of recent incidents where residential houses, offices, and other buildings were trespassed and vandalized.
During a recent bail hearing, Justice PV Kunhikrishnan observed that the legislature should deliberate on making such a condition mandatory in cases of house trespass and mischief. “This could act as a deterrent against vandalism and property destruction,” Justice Kunhikrishnan stated.
The court’s order explained that the deposited amount would be held until the conclusion of the trial. If investigations reveal no damages or if the accused is found not guilty, the amount would be refunded. Conversely, if the accused is convicted, the funds would be used to compensate the victims.
Justice Kunhikrishnan elaborated on the rationale behind the proposed condition, noting that it could significantly reduce incidents of vandalism. “Imposing such a condition at the preliminary stage of bail could send a strong message to society and decrease the tendency to destroy property,” he remarked.
