IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 458 of 2008() ---------------------------- CRIME NO.990/07 OF KOTTARAKKARA POLICE STATION : PETITIONERS/2ND AND 3RD ACCUSED ------------------------------------------------ 1. AL-AMEEN, AGED 19 YEARS, S/O.MEERA SAHIB, KANIPPILLA CHARUVILA PUTHEN VEEDU MUSLIM STREET, KOTTARAKKARA VILLAGE. 2. MUHAMMED AJITH, AGED 18 YEARS, S/O.AHAMMED KABEER, PANAYARAM MUKKALIL VEEDU, MUSLIM STREET, KOTTARAKKARA. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.458 of 2008 ---------------------------------------- Dated this the 25th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2 and 3. They face allegations in a crime registered as Crime No.990/07 of Kottarakkara police station wherein the only non-bailable offence alleged is one punishable under Section 308 I.P.C. The learned counsel for the petitioners prays that anticipatory bail may be granted to the petitioners. 2. The learned Public Prosecutor, after taking instructions, submits that though the said allegation was raised in the F.I.R, in the course of investigation the said allegation is withdrawn and at present the accused in the case face allegations only for bailable offence. In these circumstances, no directions are necessary under Section 438 Cr.P.C, submits the learned Public Prosecutor. 3. I agree with the learned Public Prosecutor that the petitioners need not now apprehend arrest for non-bailable offence. They can appear before the investigating officer or the B.A.No.458/08 2 learned Magistrate having jurisdiction and then claim bail under Section 436 Cr.P.C. 4. With the above observatins, this petition is dismissed as agreed. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.458/08 3 B.A.No.458/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007