MOHAMMED RAFIQUE Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C seeking regular bail of petitioner/accused No.1 in Crime No.54/2020 for the offences punishable under Sections 143 , 147 , 269 , 270 , 353 , 506 and 149 of IPC.

(2.) The factual matrix of the case is that on 21.04.2020, when there was lock down prevailing in the country, the officials of Bantwal Town Municipality along with others came near the shop of petitioner/accused No.1 asking why the shop was opened till 1.00 p.m. Inspite of the warning by the said officials, the shops were not closed by the petitioner, instead ventured to obstruct the complainant and her staff. Hence, case was registered and thereafter, this petitioner was arrested and he is in judicial custody.

(3.) Learned counsel appearing for the petitioner in his argument vehemently contended that there is no overt act allegation against this petitioner and the allegation is only against the other accused persons and there is no prima facie case against this petitioner. Hence, he may be enlarged on bail by imposing conditions and he will obey the conditions that may be imposed by this Court.