IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6521 of 2011() ----------------------------- CRIME NO.314/2011 OF PANDALAM POLICE STATION, PATHANAMTHITTA .................... PETITIONERS (S): ACCUSED NOS 1 AND 2 --------------------------------------- 1. VIJAY, AGED 18 YEARS, THUNDUVILA PUTHEN VEEDU, PERUMPULICKAL, PANDALAM THEKKEKRA VILLAGE, PANDALAM. 2. VINOD, AGED 21 YEARS, THUNDUVILA PUTHEN VEEDU, PERUMPULICKAL, PANDALAM THEKKEKRA VILLAGE, PANDALAM. BY ADV. SRI.S.R.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.6521 of 2011 --------------------------------- Dated this the 17th day of August, 2011 O R D E R The petitioners apprehend arrest by the officers of Pandalam Police Station on an accusation that the petitioners committed non bailable offence. They moved an application for anticipatory bail before the Sessions Court, Pathanamthitta. That application was dismissed. It would appear that the learned Sessions Judge was under the impression that the offence under Section 308 IPC is also involved. 2. The learned Public Prosecutor submitted that the offence alleged against the accused is under Section 324 read with Section 34 of the Indian Penal Code and no non bailable offence is alleged against them. This submission is recorded. Since no non bailable offence is alleged against the petitioners, they cannot maintain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl