LAWS(KER)-2019-4-11

PRAKASH BABU Vs. STATE OF KERALA

Decided On April 11, 2019
PRAKASH BABU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is an application filed under Sec.439 of the Code of Criminal Procedure, 1973, seeking regular bail.

(2.) The applicant herein is accused No.16 in Crime No. 16/2018 of Sannidhanam Police Station, Pathanamthitta District, which has been registered for offences punishable under Secs.143, 144, 147, 188, 341, 308, 120(b) read with Sec. 149 of the I.P.C.

(3.) A 5-Judge Constitution Bench of the Apex Court in the judgment dated 28.9.2018 of the celebrated case in Indian Young Lawyers Association and Ors. v. State of Kerala and Ors., [2018 (4) KLT 373 (SC)= (2018) KHC 6760] has struck down Rule 5, Rule 3(b) of the Kerala Hindu Places of Public Worship Authorisation of Entry) Rules, 1965 and declared that the restriction of the entry of Hindu women between the age group of 10 to 50 years, is in violation of their fundamental right to practise religion.