IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7370 of 2008() ----------------------------- CRIME NO.215/2008 OF THIRUVALLAM POLICE STATION PETITIONER (S): ACCUSED 2 TO 4: ----------------------------------- 1. ARUN, AGED 20 YEARS, S/O.SOMAN, ASWATHI BHAVAN, OLIPPINKARA, PACHALLOOR DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. 2. SAJILAL, AGED 21 YEARS, S/O.MANOHARAN, KULATHINKARA VEEDU, OLIPPINKARA, PACHALLOOR DESOM, THIRUVALLAM VILLAGE THIRUVANANTHAPURAM. 3. ANILAL @ CHAKKARA, AGED 21 YEARS, AJOSH BHAVAN, PACHALLOOR DESOM, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI SMT.ARYA R RESPONDENT(S): COUNTER PETITIONERS: ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7370 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 332, 427, 294 (b) read with section 34 IPC. According to prosecution, accused 1 to 4 were found standing on the foot board of a K.S.R.T.C. bus and the conductor who is de facto complainant asked them to get into the bus, while accused abused de facto complainant and also assaulted him and deterred him from discharging his duty. 3. Learned counsel for petitioners submitted that the incident did not occur as alleged. Petitioners are accused 2 to 4 who are absolutely innocent of the allegations made. There was a quarrel between de facto complainant and 1st accused from the Pachalloor bus stop. Petitioners only intervened in the matter and tried to pacify the parties. The 1st accused also sustained an injury on the head, when he was hit by de facto complainant with ticket rack and hence, 1st accused made a complaint to the police against de facto complainant and on the basis of the complaint, Annexure-A2 F.I.R. was registered under sections 323 and 324 IPC against him. It is submitted that 1st accused BA 7370/08 -2- was waiting for bus in the Pachalloor bus stop and when bus came, there was a rush at the back side of the bus. The 1st accused requested the conductor to move the rush to the front side, but this offended de facto complainant and hence he came out of the bus and hit the 1st accused with the ticket racket and 1st accused sustained injuries. Accused 2 to 4 had not committed any offence and there are no specific allegations against them, it is submitted. As per the F.I.S., first accused hit him with ticket rack and he sustained injuries. 4. Learned Public Prosecutor submitted that there were two crimes in respect of the same incident and de facto complainant was also injured in the incident. 5. On hearing both sides, I find that suitable directions can be issued and hence, the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- BA 7370/08 -3- i) Petitioners shall make himself available for interrogation by the Investigating Officer as and when directed and co- operate with the investigation. ii) Petitioners shall not intimidate or influence any witness or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.