IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 4471 of 2009() ------------------------------------ CRIME NO. 236/2009 OF PULIKKEEZHU POLICE STATION, PATHANAMTHITTA ......................... PETITIONER/ACCUSED NOS.1 TO 3 : ---------------------------------------------------- 1. VINOD T., AGED 34,S/O.THANKAPPAN, KARATHRA COLONY, KALLUMKAL P.O., NADUVILE MURI, NEDUMBRAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 2. RAJESH, AGED 28, S/O. UTHAMAN, KARATHRA COLONY, KALLUMKAL P.O., NADUVILE MURI, NEDUMBRAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 3. SANTHOSH, AGED 22, S/O.SASI, KARATHRA COLONY, KALLUMKAL P.O., NADUVILE MURI, NEDUMBRAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T. SANKARAN, J. --------------------------- B.A. No. 4471 of 2009 ------------------------------------ Dated this the 6th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.236/2009 of Pulikkeezhu Police Station, Pathanamthitta. 2. The offences alleged against the petitioners were under Sections 323, 324, 326 and 341 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 22/9/2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 29th and 30th September, 2009. B.A. No. 4471/2009 2 Post on 6/10/2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No. 236 of 2009 of Pulikeezhu Police Station, Pathanamthitta.” 4. The learned counsel for the petitioners as well as the learned Public Prosecutor submitted that the petitioners have complied with the aforesaid directions. The learned Public Prosecutor also submitted that Section 326 was subsequently deleted and a report was filed before the Magistrate's Court concerned. Thus, all the offences now alleged against the petitioners are bailable. The learned Public Prosecutor submitted that in view of the fact only bailable offences are alleged against the petitioners, there need not be any apprehension that they would be arrested in connection with the Crime and detained in judicial custody. This Submission is recorded and the Bail Application is closed. K.T. SANKARAN, JUDGE scm