IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5005 of 2011(A) ------------------------------ CRIME NO.330/2011 OF BEKAL POLICE STATION. PETITIONERS/ ACCUSED 1 - 3 --------------------------------- 1. A. NARAYANAN NAIR, AGED 43 YEARS, S/O. MUNDATH KUNHIRAMAN NAIR, RESIDING AT THOOVAL, PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD. 2. PRAMOD KONDAM PARA, AGED 35 YEARS, S/O. BALAKRISHNA THOOVA.P.O, MYLATTY, KASARAGOD DISTRICT. 3. PURUSHOTHAMAN, AGED 45 YEARS, S/O. MAJAPPA, APPICHADUKKAM.P.O, MYLATTY, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.HEMALATHA RESPONDENT(S): --------------- THE STATE OF KERAELA,REPRESENTED BY STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5005 of 2011 * * * * * * * * * * * * * * * * * * Dated: 30.06.2011 ORDER In this petition filed under Section 438 Cr.P.C., the petitioners who are accused Nos.1 to 3 in Crime No.330/2011 of Bekel Police Station for offences punishable under Sections 323,324 and 452 read with 34 IPC seek anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are bailable offences. If so, invocation of Section 438 Cr.P.C. is misconceived. This Petition is accordingly dismissed without prejudice to the right of the petitioners to seek regular bail either from the Magistrate or the arresting police officer concerned. Dated this the 30th day of June, 2011 V. RAMKUMAR, (JUDGE) sj