MUMBAI, Nov. 21 -- The two Central Railway (CR) engineers who were booked for culpable homicide following the death of five commuters in Mumbra on June 9 have approached the Bombay High Court seeking anticipatory bail. The matter was posted for hearing on Thursday before the single judge bench of justice NR Borkar. After hearing both the Government Railway Police (GRP) and the accused engineers, the court adjourned the matter for consideration on December 9. Five commuters died in Mumbra on June 9 when they fell off two local trains crossing each other on adjacent tracks. An internal inquiry by CR found that protruding backpacks of commuters in the two trains had brushed against each other, triggering a fall. Subsequently, on November 3, the Thane GRP registered a first information report against assistant divisional engineer Vishal Dolas and senior section engineer Samar Yadav under section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita, claiming the incident was a result of core engineering and maintenance lapses. The two accused engineers were refused anticipatory bail by the Thane sessions court on November 13. They moved the high court on November 18, claiming the allegations against them were baseless and based solely on a report submitted by the Veermata Jijabai Technical Institute, which does not have any expertise in railway track engineering and maintenance. The bail plea, filed through advocate Nitin Gaware Patil, claimed that the incident wasn't a case of culpable homicide but an unfortunate event on account of passengers travelling on the footboard of crowded trains. The VJTI conducted a spot inspection 43 days after the incident, track measurements were taken by the GRP although they did not have any competence in the matter and the observations and opinion of the VJTI engineer was based exclusively on assumptions and had no sanctity, the plea said. The accused engineers said the Thane sessions court had, while rejecting their anticipatory bail plea, relied upon the VJTI report without considering the internal report by CR....