IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7463 of 2008() ----------------------------- CRIME NO.778/08 OF KASARAGOD POLICE STATION PETITIONERS -------------------- 1. ABDUL RAHIMAN @ ABDU, AGED 29 YEARS, S/O. K.A. ABBAS, R/AT PUTHIYAKOPA, MUTTATHODY, HIDAYATH NAGER, KASARGOD DIST. 2. MUHAMMED KABEER, AGED 29 YEARS, S/O. MOHAMMED SHAJI, R/AT ZAKKEER MANZIL, CHETTUMKUZHI, KASARGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): ---------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7463 of 2008 ----------------------------------------- Dated this the 15th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences is under Sections 332 read with 34 of the Indian Penal Code. According to prosecution, on 28.10.2008 at 3 PM, an auto rickshaw hit at the rear side of the KSRTC bus. Conductor and driver of the KSRTC bus came down to make enquiries. They were assaulted by petitioners and they were deterred from discharging from their official duty. 3. Learned counsel for petitioners submitted that some incident happened and people of the locality assaulted de facto complainant and another, but it is not correct to say that petitioners have committed any offence. Petitioners were not even identified by de facto complainant and First Information Statement does not show the details of petitioners. 4. Learned Public Prosecutor opposed this application and submitted that the names of petitioners were not known to de facto complainant, but on investigation, it is revealed that BA.7463/08 2 they are auto rickshaw drivers who came to the scene when the incident happened and it is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering nature of allegations made, I do not find it fit to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vgs.