"No Right To Take Law Into Their Hands": Kerala HC Grants Bail To Three Accused Of Vandalising Lawyer's Office

The Kerala High Court recently granted bail to three individuals accused of trespassing and vandalising an Advocate's office in Haripad.

The Single-Bench of Justice PV Kunhikrishnan observed that while the allegations were serious, the offences alleged carried a maximum punishment of seven years, warranting a lenient approach in light of the Supreme Court's precedents.

Referring to the 2014 Arnesh Kumar judgment, the Court emphasized that bail should be the norm for offences punishable with imprisonment of up to seven years. It also cited the Supreme Court's ruling in the Manish Sisodia case, reiterating that "bail is the rule and jail is the exception," as custodial detention is not meant to serve as punishment.

The accused, Vijith VC, Manmadhan G, and Sundaram TV, were arrested on November 29 under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNS), including Section 331(4) (house-trespass) and Section 305(a) (theft committed in a building), following an incident on November 25. The accused allegedly trespassed into the rented office of a lawyer, vandalised his property, removed his files, name board, and coat, and caused financial losses amounting to Rs. 30,700.

While granting bail on December 12, the Single-Bench strongly criticised the accused's actions, stating, “If the de facto complainant is occupying a room of the petitioners without authority, their remedy is to approach the jurisdictional civil court. The petitioners have no right to take law into their hands.”

The Court also appreciated the Kerala High Court Advocates' Association (KHCAA) for intervening in the matter and standing in support of their fellow lawyer, observing, “It is heartening to see the lawyer community unite when a grievance is raised.”

Despite opposition from both the State and KHCAA, the Court deemed bail appropriate, aligning with the principle that personal liberty should not be unnecessarily curtailed for bailable offences. 

Cause Title: Vijith VC & Ors. v. State of Kerala & Anr. [Neutral Citation No. 2024:KER:94289]

Appearance:-

Petitioner: Advocates P Vijayakumar, B Harrylal, 

Respondent: Senior Public Prosecutor Noushad KA

Click here to read/download the Order