O R D E R

Application for anticipatory bail.

2. Alleged offences are under sections 442, 323, 341, 427 and 294 (b) IPC. According to the prosecution, the petitioners along with certain identifiable persons, in furtherance of common intention, attacked workers of the bus, trespassed into the same and assaulted the conductor, cleaner and committed mischief by breaking front glass of the bus causing a loss of Rs.14,000/-.

3. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the allegations made. They are only people of the locality who are not involved in the offences. The only non- bailable offence is under section 452 i.e., for committing house-trespass after preparation for hurt or assault or wrongful restrain. Learned counsel for the petitioners submitted that on the facts of this case, the said offence will not be made out.

4. On hearing both sides, I find that as per Section 442 IPC, house trespass is defined and it is laid down that who who ever commits criminal BA 3434/08 -2-

trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship or as a place for custod