IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 260 of 2008() ---------------------------- CRIME NO. 265/07 OF MANIMALA POLICE STATION CRMP.3206/2007 of DISTRICT COURT, KOTTAYAM .................... PETITIONER/ACCUSED ----------------------------------- RAMESH, AGED 38 YEARS, S/O.PURUSHOTHAMAN NAIR, KIZHAKKEKARA, MANIMALA P.O. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANIMALA POLICE STATION, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 260 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2008 O R D E R Application for anticipatory bail. The learned Prosecutor, after taking instructions, submits that the allegation raised against the petitioner in the crime registered is only under Section 435 I.P.C., which is bailable. There is no allegation of the petitioner having committed any non-bailable offence. This petition for anticipatory bail is hence not maintainable, submits the learned Prosecutor. 2. I find merit in the submissions of the Prosecutor. The offence being bailable, it is not necessary or possible to issue any direction under Section 438 Cr.P.C. It is for the petitioner to appear before the Investigating Officer or the learned Magistrate and claim bail as of right under Section 436 Cr.P.C. 3. With the above observations this application is dismissed. (R. BASANT) Judge tm