O R D E R

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in crime No.1378 of

2021 of Erattupetta Police Station. The offence alleged is under Section 3 of the Prevention of Damage to Public Property Act, 1984.

3. The allegations are that at about 12.45 hours on

16.10.2021 the accused, who was driving the KSRTC bus bearing Reg.No.KL-15-9599 with passengers in it from Kaippally to Erattupetta, ventured to drove it through an inundated road, near St.Mary's Church, Poonjar. As a result of the said act, the bus was substantially submerged in water resulting in damage to the bus to the tune of Rs.5,30,000/-.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The petitioner has filed Crl.M.P.No.1737 of 2021 before the Sessions Court, Kottayam seeking anticipatory bail. The Sessions Court as per ordered dated 03.11.2021 dismissed the application observing thus,-

'There is nothing before the Court to indicate that the accusation against the accused is actuated by malafides or that there was any extraneous consideration on the part of the Investigating Officer in taking