LESTINE C J XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 2nd accused in Crime No.22/07 of Kannamali Police Station for an offence punishable under section 295 read with section 34 IPC, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the weapon of offence has not been recovered.

(3.) The case of the prosecution is that at about 10.30 p.m. on 22.5.2006 accused Nos.1 and 2 are alleged to have smashed the glass panes of the shrine of Saint Joseph and Mother Theresa installed in the chapel of St.Joseph Church, Cheriyakadavu and defiled the said Holly place.