IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2866 of 2009() -------------------------------------- CMP.2520/2009 of J.M.F.C.,VADAKARA CRIME NO.327/2009 OF VADAKARA POLICE STATION .................... PETITIONERS/ACCUSED: --------------------------------------- 1. ABID C.V., S/O. HASSAN, AGED 24 YEARS, CHERIYAVAYALIL HOUSE, CUSTOMS ROAD, VATAKARA. 2. FASAL, S/O. MAMMU, AGED 27/09, VAZHAYIL HOUSE, J.T.ROAD, VATAKARA. 3. BASHAHIR, S/O. HASSAN, AGED 25/09, IDATHIL HOUSE, VATAKARA. 4. FIROSE, S/O. MAHAMOOD, AGED 20/09, CHERIYAVALAPPIL HOUSE, VATAKARA. BY ADV. SRI.P.M.HABEEB RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.327 OF 2009 OF VATAKARA POLICE STATION). SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2866 of 2009 ------------------------------------ Dated this the 1st day of June, 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 the accused nos. 1 to 4 in Crime No.327/2009 of Vadakara Police Station. Accused Nos. 2 to 4 were granted regular bail by the learned Magistrate at a time when the offence alleged against the accused persons was bailable offence. Thereafter, Section 308 was also added. On an application by the complainant, the learned Magistrate passed Annexure-2 order on 15/05/2009 directing the petitioners to appear before the court on 25/05/2009 and to apply for regular bail for the offence under Section 308 of the Indian Penal Code. Learned counsel for the petitioners submitted that challenging Annexure-2 order, the petitioners have filed Crl. M.C. No.1749/2009 and the same is pending. In view of the pendency of the Crl. M.C. No.1749/2009, I do not think that the petitioners are entitled to prosecute the B.A. No. 2866/ 2009 2 bail application for the time being. Accordingly, the Bail Application is closed without prejudice to the right of the petitioners to move afresh, if they are legally entitled to do so. K.T. SANKARAN, JUDGE scm