IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6704 of 2008() ----------------------------- CRIME NO. 199/2008 OF KANJIRAMKULAM POLICE STATION PETITIONER (S): ACCUSED --------------------------- XAVIER, S/O. GEORGE, PUTHIYATHURAPURAYIDOM, PULLUVILA.P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6704 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 332 and 427 IPC. According to prosecution, while petitioner was travelling in a K.S.R.T.C. bus, he assaulted the conductor and also caused a loss of Rs.1,000/- by committing mischief and deterred de facto complainant from discharging his official duties as a public servant. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged. In fact, de facto complainant assaulted petitioner, when he rang the bell by himself to alight at a particular stop, which offended the conductor. Petitioner has not committed anything and a case was falsely foisted against him, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner kicked de facto complainant who is a conductor, since he refused to stop the bus at a particular place at the request of petitioner and he also committed mischief. 5. On hearing both sides, I am satisfied that in a case of this nature, it is not fit to grant anticipatory bail. Though learned counsel for the Petitioner submitted that petitioner was the BA 6704 /08 -2- victim, etc. There are only a bare assertions and there is no material to support the contentions raised. The incident occurred as early as on 7-10-2008 and petitioner was not available for investigation. Hence, petitioner is directed to surrender before the Investigating Officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest petitioner, at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.