IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5272 of 2010() --------------------------------------- CRIME NO.989/2010 OF IRINJALAKUDA POLICE STATION ......... PETITIONER/ACCUSED -------------------------------------- 1. VINSON, CHERIYADAN HOUSE, PULLUR VILLAGE & DESOM, IRINJALAKUDA. 2. SIBIN, S/O. JOHNSON, PARAMBIL HOUSE, PULLUR VILLAGE & DESOM, IRINJALAKUDA. 3. SARATH, S/O. VIJAYAN, PALLIYIL HOUSE, CHOVVOOR DESOM, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, INRINJALAKUDA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.5272 of 2010 - - - - - - - - - - - - - - - - DATED: 07.09.2010 O R D E R Petitioners seek anticipatory bail on the allegation that Irinjalakuda Police are at their heels in connection with Crime No.989/2010 registered for offences punishable under Section 341,323,324 and 294B read with 34 IPC. 2. The learned Public Prosecutor on instructions submitted that while petitioners 2 and 3 are accused Nos.2 and 3 in the above crime, 1st accused in the above crime is one Vijo. He also submitted that the offences registered are bailable offences. Since the offences are bailable offences invocation of Section 438 Cr.P.C is misconceived. Hence this petition is dismissed without prejudice to the right of the petitioners 2 and 3 to seek bail from the Magistrate concerned. In the case of the 1st petitioner, his application for bail can be considered only if it is conceded by the prosecution that he is the so called Vijo. V.RAMKUMAR, JUDGE. sj