PRABHURAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.1553/2021 of Valiyamala Police Station in Thiruvananthapuram District alleging commission of offences under Sections 143, 147, 148, 149, 294 (b), 323, 324, 506 (ii), 354 and 308 of the Indian Penal Code and under Section3 and 5 of the Explosive Substances Act.

(2.) The learned counsel for the petitioner submit that the petitioner was denied bail by the learned Magistrate only on noticing that there were criminal antecedents as far as the petitioner is concerned. It is submitted that the case of the 2nd accused in Crime No.1553/2021 for regular bail was considered by this court through bail application No.8273/2021. It is submitted that the petitioner in this case was taken into custody on 25-09-2021 while the petitioner in B.A. No.8273/2021 was taken into custody on 28-09-2021. It is submitted that there are allegations of criminal antecedents even in respect of the 2nd accused. The learned counsel therefore prays that in the light of the fact that this court has already anted bail to the 2nd accused in B.A. No.8273/2021, the petitioner may also be released on bail in similar terms.

(3.) I have heard the learned Public Prosecutor also. Though the Public Prosecutor opposes the grant of bail, she fairly admits that this court by order dated 08-11-2021 in B.A. No.8273/2021 has granted bail to the 2nd accused. It is also submitted that the 2nd accused also had allegations of previous criminal antecedents against him.