IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7323 of 2008() ----------------------------- CRIME NO.299/08 OF ERUMELY POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2 -------------------------------------------------- 1. SAJI S/O.AUGUSTINE, VAIKAPPALLIL, VANDANPATHAL ERUMELY NORTH VILLAGE 2. SUKUMARAN, S/O.NARAYANAN, AGED 58 SREEPRASADAM HOUSE, NEAR PARTHASARATHY TEMPLE, MUNDAKAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): STATE --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7323 of 2008 --------------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 353, 294(b) and 34 IPC. According to prosecution, when a KSRTC bus was taken out of the bus stand, another private bus driven by the first accused overtook the KSRTC bus and parked in front of it across the road and caused block. Thereafter, first and second accused, who are employees in the private bus, started abusing the driver of the KSRTC bus in obscene language and he also deterred the latter from discharging his official duty. The incident occurred on 29.9.2008. 3. Learned counsel for petitioners submitted that a dispute arose between the staff of two buses since time schedule was not fixed by the authorities. But, the matter was settled from the spot itself and subsequently, the DTO filed a complaint on the allegation that the matter was reported to him by the staff of KSRTC bus. Learned counsel for petitioners submitted that though the incident happened at 8.10 a.m. and it is alleged that the matter was reported to the police immediately, the complaint was lodged only BA No.7323 /2008 2 at 5.30 p.m. Petitioners may be granted anticipatory bail, failing which they will be put to irreparable injury and loss, it is submitted. 4. Learned public prosecutor opposed this bail application and submitted that if there is any dispute with respect to time- schedule, the remedy is to approach authorities and get it fixed. But, petitioners cannot act in the manner alleged in the complaint. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that in the nature of allegations made, it is not a fit case to grant anticipatory bail, since it would have cause great inconvenience to several passengers. Petitioners are bound to surrender before the Investigating Officer and co-operate with investigation. Petitioners are directed to surrender before the Investigating Officer and co-operate with investigation without any delay. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl