Anticipatory bail possible for Mayor in KSRTC bus blocking case; Arrest not mandatory

THIRUVANANTHAPURAM: A non-bailable case has been registered against Thiruvananthapuram Mayor Arya Rajendran and MLA Sachin Dev for allegedly blocking a KSRTC bus, with the charge being IPC Section 353, obstructing the official duty of a government official, punishable with up to two years in prison. However, according to a Supreme Court order in the Arnesh Kumar case, arrest is not mandatory for offenses carrying a penalty of less than seven years.

In such cases, the accused must be given notice and questioned. Mayor and MLA can seek anticipatory bail, especially if the government cooperates with the investigation, given their positions. SFI leader T Geenakumari serves as the Government Pleader. Legal experts suggest that the Mayor and MLA may not need to appear in court personally for anticipatory bail, as lawyers can represent them. If granted, bail must be secured from the Judicial Magistrate's court with two sureties.

Though the Mayor and associates could face seven years in prison for destroying evidence, the charge is bailable. However, if charged, the trial would proceed in the Sessions Court. The charge of causing public nuisance carries only a fine of 200 rupees. Unjust detention is punishable with one month imprisonment and a fine. If convicted, all five accused would face the same punishment under the principle of common purpose. The missing memory card would require a separate investigation.

IPC Section 447, trespassing, may not apply in this case, as the KSRTC bus is public property accessible to anyone on the road, rendering boarding it not trespassing.

Regarding witnesses

1. Bus passengers will be located, and their statements will be taken as witnesses. Any available video or documents will be collected.

2. Statements from the accused will be obtained and evidence will be collected if available, possibly through summons.

3. If no documents or evidence are found, the police may request the case be dropped, reporting to the court.

4. The court will issue a notice to driver Yadu if the case is dropped. Yadhu may also file a counter-petition.