DHANESH PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicants are accused in Crime No.726/2020 of Chengamanad Police Station for having allegedly committed offences punishable under Sections 153 and 506 read Section 34 of the I.P.C.

(3.) The prosecution case, in brief, is that accused 1 to 4 had on 20/12/2020 at about 4 PM, in furtherance of common intention to promote enmity between different groups on the grounds of religion and the malignancy, wantonly provoked the de facto complainant who is conducting a bakery under the name and style Modi Bakery at Kurumassery junction and intimidated Mithun, an employee of the bakery and served a notice prepared on the letterhead of 'Hindu Aikyavedi' precluding the bakery from exhibiting a sticker indicating that halal food is being served in the bakery. The halal sticker was directed to be removed within 7 days in failure of which, threat of boycott of the bakery and organising protests by the Hindu Aikyavedi was made. On the basis of a complaint filed by the owner of the bakery, the crime was registered.