Muhammed Iqubal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Bail Appl..No. 6023 of 2015 () ------------------------------- CRIME NO. 106/2015 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT ---------------------- PETITIONER/ACCUSED NO. 1 :

--------------------------------------------- MUHAMMED IQUBAL AGED 52 YEARS, S/O.MOOSAMBI, R/ AT RIZWAN MANZIL PERINGADI, P.O. UPPALA, KASARAGOD DISTRICT.

BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, MANJESHWAR REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6023 of 2015 -------------------------------------- Dated this the 5th day of October, 2015

ORDER

Third accused in Crime No.106 of 2015 of Manjeshwar Police Station registered for offences punishable under Sections 153A read with Section 34 of the Indian Penal Code seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure.

2.

Heard both sides.

3.

Prosecution case is that on 15.01.2015 at 4.00 a.m., accused 1 to 3 belonging to a particular religious community with an intention to cause communal hatred and disturbance, poured engine oil on the hundi of a temple held by another community. Tension is prevailing in the area. Considering the nature of offence and sensitivity of the issue, I am not inclined to grant pre-arrest bail to the petitioner. Hence the application is dismissed.

A. HARIPRASAD, JUDGE.

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