IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Bail Appl..No. 2300 of 2011() ----------------------------- CRIME NO.307/2011 OF SASTHAMCOTTA POLICE STATION PETITIONERS/ACCUSED -------------------- SREEKUMAR,MANIMANDIRAM,KUNNATHU THODIYIL,THURITHIKARA MURI,KUNNATHUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: COMPLAINANTS/STATGE ---------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICED STATION,KOLLAM DISTRICT691001 PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2300 of 2011 ----------------------------------------------------- Dated this the 29th day of March, 2011 ORDER Petitioner seeks anticipatory bail on the allegation that the Sasthamcotta Police are at his heels in connection with Crime No.307 of 2011 registered for offences punishable under Sections 452, 323 & 506(i) I.P.C. 2. The learned Public Prosecutor on instructions submitted that the offence punishable under Section 452 I.P.C. has since been altered into one punishable under Section 451 I.P.C. and that as at present all the surviving offences are bailable offences. If so, invocation of Section 438 Cr.P.C. is misconceived. Hence this petition is dismissed without prejudice to the right of the petitioner to seek bail from the Magistrate concerned. Dated this the 29th day of March, 2011. V.RAMKUMAR, JUDGE skj