1. This petition is filed by the State under Article 227 of the Constitution of India and under Section 482 Cr.P.C. to challenge correctness and legality of the order dated 22nd October, 2008 passed by the learned Additional Sessions Judge, Kalyan in Criminal Anticipatory Bail Application No.640 of 2008 filed by the respondent and the order dated 22nd October, 2008 passed by the Judicial Magistrate First Class, 3rd Court, Kalyan on the application by the petitioner for transfer warrant in respect of the respondent.

2. The summary of the facts stated in the petition is as follows:

On 19th October, 2008 the Railway Recruitment Board was conducting examination for the post of Assistant Station Master and Clerk at 67 examination centres in the State of Maharashtra. In all, 16,000 candidates from all over the country were to appear for the examination. Tilak Vidyamandir, Dombivli (East), District-Thane was one of the examination centres. The members of Maharashtra Nav Nirman Sena, a political party, gathered outside the school agitating against the participation in the examination by non-Maharashtrians. They shouted slogans against non-Maharashtrian candidates, restrained th