IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 6009 of 2009() ----------------------------------------- CRIME NO.439/2009 OF THAMARASSERY POLICE STATION, KOZHIKODE. PETITIOENRS/ACCUSED: ----------------------------------------- 1. A.K.HUSAIN,AGED 65 YEARS,S/O.MARAKKAR, AYYAPPANKANDIYIL HOUSE,ADIVARAM P.O. PUDUPPADI, KOZHIKODE - 673586. 2. SHUKOOR,S/O. HUSAIN,AYYAPPANKANDIYIL HOUSE, ADIVARAM P.O., PUDUPPADI, KOZHIKODE - 673586. 3. BASHEER, AYYAPPANKANDIYIL HOUSE, ADIVARAM P.O., PUDUPPADI, KOZHIKODE-673586. BY ADV. SRI.RAFFEEKH.K RESPONDENTS/COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, (STATION HOUSE OFFICER) THAMARASSERY POLICE STATION, THAMARASSERY, KOZHIKODE DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6009 of 2009 ------------------------------------ Dated this the 21st day of October, 2009 O R D E R Apprehending arrest on an accusation of having committed non-bailable offence in Crime No.439/2009 of Thamarassery Police Station, the petitioners have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that the offences alleged against the petitioners are under Sections 341 and 323 read with Section 34 of the Indian Penal Code and that those offences are bailable. Since the offences alleged against the petitioners are bailable, this Bail Application is not maintainable. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm