PRADEEP R.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications filed under Section 438 Cr.P.C for anticipatory bail.

(2.) The applicants in B.A.Nos.3302/2020, 3959/2020 and 3563/2020 are the 8th, 11th and 12th accused, respectively, in Crime No.1134/2020 of Perumbavoor Police station, for having allegedly committed offences punishable under sections 120B , 143 , 144 , 147 , 148 , 153-A , 454 , 380 and 427 read with Section 149 of the Indian Penal Code, Section 5 of Kerala Prevention of Destruction to Private Property and Payment of Compensation Act, and Section 4 (2), (d) and (f) of Kerala Epidemic Diseases Ordinance, 2020.

(3.) The prosecution case in brief is thus:- The accused in the aforesaid crime, including the petitioners, hatched a conspiracy to demolish a film set constructed at Kalady riverside, depicting a Church, and formed an unlawful assembly on 24.05.2020, committed riot armed with deadly weapons, broke into the structure, committed theft from inside the structure and mischief by destroying it, causing a loss to the tune of Rs.80 lakhs to the film producer and damaged the walls of the sanctum sanctorum of the Kalady Mahadeva Temple causing a loss of Rs.25,000/- thereby promoting enmity, hatred or ill-will between different groups on the grounds of Religion. On the basis of a complaint lodged by the Secretary of Maha Sivaratri Committee of Kalady Mahadeva Temple, the crime was registered