IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10280 of 2011() ------------------------------ (CRIME NO:386/2011 OF KANAKAKUNNU POLICE STATION, ALLEPPY DISTRICT) PETITIONER/ACCUSED -------------------------------------- ANTO,AGED 31 YEARS,S/O.ROBERT, CHOOLATHEL PUTHUVEL,CHOOLATHERUVU MUTHUKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/ COMPLAINANT ------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBIC PROSECUTOR SMT R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KVS V.RAMKUMAR, J. --------------------------------------------- Bail Appln.No.10280 of 2011 ---------------------------------------------- Dated this the 19th day of December, 2011 ORDER Petitioner seeks anticipatory bail on the allegation that the Kanakakkunnu Police are at his heels in connection with Crime No.386 of 2011 registered for non-bailable offences. 2. The learned Public Prosecutor on instructions submitted that the non-bailable offences have since been deleted and the surviving offences are only bailable offences. If so, invocation of Section 438 of the Code of Criminal Procedure is misconceived. Recording the submission made by the learned Public Prosecutor, this petition is dismissed without prejudice to the right of the petitioner to approach the learned Magistrate concerned for regular bail. V.RAMKUMAR, JUDGE skj True copy P.A. to Judge