IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Bail Appl..No. 2370 of 2011() ------------------------- CRIME NO.114 OF 2011 OF PANDALAM POLICE STATION PETITIONERS/ACCUSED -------------------- 1. ULLAS, S/O.UNNI, AGED 22, POOLAYIL COLONY, MUDIYOORKONAM P.O., PATHANAMTHITTA DISTRICT. 2. SANTHOSHKUMAR K.K., S/O.K.S.KUNJUPILLA, AGED 29 YEARS, KEEPPIL HOUSE, MUDIYOORKONAM P.O., PATHANAMTHITTA DISTRICT. 3. VINEETH A.K, S/O.ADICHAN, AGED 22, KOMARAKOTTETH HOUSE, MUDIYOORKONAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT: COMPLAINANT ------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.2370 of 2011 ------------------------------------------------- Dated this the 31st day of March, 2011 ORDER In this petition filed under Section 438 Cr.P.C., the petitioners who are accused Nos.1 to 3 in Crime No.114 of 2011 of Pandalam Police Station for offences punishable under Sections 341, 323 & 324 read with Section 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are only those punishable under Sections 341, 323 & 324 read with Section 34 I.P.C., which 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 31st day of March, 2011. V. RAMKUMAR, JUDGE. skj