IRSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed by the 2 accused in Crime No.2547/13 of Kottiyam Police Station under Section 438 of Code of Criminal Procedure.

(2.) THE case of the prosecution in nutshell was that on 17.11.13 at about 7 p.m. the first accused who is the driver of a tourist bus bearing Reg.No.KL -02 -K -7900 and 2nd accused who was the helper were in the process of taking reverse of the aforesaid tourist bus in front of Kannanalloor petrol pump in a rash and negligent manner and in that process it hit against the car of the de facto complainant causing a damage of Rs.5,000/ - and thereafter the present petitioner who is the 2 accused abused them with obscene words and in furtherance of common intention, the petitioner and first accused also assaulted the mother of the de facto complainant and thereby they have committed the offence punishable under Sections. 279, 323, 294(b), 506(1), 427, 354 read with Section 34 of Indian Penal Code. The Counsel for the petitioner submitted that even assuming that the entire allegations are accepted to be true, no offence under section 354 of Indian Penal Code is attracted which has been made now non - bailable. He is prepared to abide to any conditions imposed by this court and co -operate with the investigation.

(3.) HEARD both sides and perused the case diary file produced.