DATED 01-03-2018 CRIME NO. 194/2018 OF KOLLAM EAST POLICE STATION , KOLLAM PETITIONER/ACCUSED SUBI, AGED 24 YEARS,S/OBDUL RAHIM,KALEEKKAL KADAPURAM, MUNDAKKAL EAST,KOLLAM. BY ADVS.SRI.SALIM V.S. SRI.H.NUJUMUDEEN RESPONDENT/COMPLAINANT: STATE OF KERALA, THROUGH S.I.OF POLICE,KOLLAM EAST POLICE STATION, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN-682031. BY PUBLIC PROSECUTOR SRI. AJITH MURALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AL/- RAJA VIJAYARAGHAVAN V, J

-------------------------------------------- B.A No.1781 of 2018

--------------------------------------------- Dated this the 3rd day of April, 2018 ORDER

1. This petition is filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner herein is arrayed as the accused in Crime No.194 of 2018 of the Kollam East Police Station, registered under Sections 427, 324, 294 and 295-A of the Indian Penal Code.

3. It is alleged that on 25.1.2018, at 10.30 p.m., the petitioner herein with deliberate and malicious intent and to outrage the religious feeling of Hindus, committed mischief by damaging 4 tube lights placed out side the Mundakkal Bhadrakali Temple in connection with the temple festival. It is also alleged that the petitioner went berserk and caused extensive damages to a pick up van and a maruthi alto car by destroying its windshield glasses. It is further alleged that the petitioner thereafter inflicted injuries on the body of Anil Kumar, a part-time employee.

4. The learned counsel appearing for the petitioner placing reliance on a catena of decisions submitted that to invoke B.A No.1781 of 2018 2 Section 295, the act must be intended to insult religion. The mere destruction, damage or defilement of a place of worship or sacred object is not an offence according to the learned counsel, unless it is accompanied by intention to insult any religion with the knowledge that thereby a class of person would regard his act as insult to the religion. It is further submitted that to attract Section 295-A, postulate requirement of mens rea of a deliberate and malicious intention of outraging the feelings of a community should be present. None of these ingredients are present in the instant Crime, according to the learned counsel.

5. The learned Public Prosecutor on the other hand, submitted that the investigation is still in the early stages and in addition to defilement of a place of worship, he has also committed extensive mischief and had assaulted a person causing injuries. It is further submitted that Crime No.2832 of 2017 of the Kollam East Police Station has also been registered against the petitioner herein.

6. I have considered the submissions advanced. Though I find considerable merit in the submissions made by the B.A No.1781 of 2018 3 learned counsel, as regards the applicability of Section

295 and 295-A of the IPC, I am not persuaded to exercise the discretionary powers of this Court and grant an order of anticipatory bail to the petitioner.

7. The learned counsel appearing for the petitioner prays that the petitioner be permitted to surrender and directions be issued to consider his application for bail. The petitioner shall surrender as expeditiously as possible and if an application for bail is filed, the same shall be considered and orders shall be passed on its merits. This petition will stand dismissed. Raja Vijayaraghavan V., Judge al/-4/4.xxx