IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 178 of 2011() ---------------------------------------- (CRIME NO.897/2010 OF MUSEUM POLICE STATION,THIRUVANANTHAPURAM) ....... PETITIONER:ACCUSED: ------------------------------------- SOORAJ GEMINI, S/O.HARIHARAN PILLAI, AGED 39 YEARS, TC 9/144 (60) 7E, KOWDIARMANOR, JAWAHAR NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.897/2010 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM). BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No.178 of 2011 .......................................... Dated this the 7th day of January, 2011 ORDER Petitioner, who is the sole accused in Crime No. 897/2010 of Museum Police Station, Thiruvananthapuram for offences punishable under Sections 294(b), 506(i), 342 and 323 I.P.C., seeks anticipatory bail. 2. Since all the aforementioned offences are bailable offences, invocation of Section 438 Cr.P.C is misconceived. This petition is accordingly dismissed without prejudice to the right of the petitioner to seek regular bail from the Magistrate concerned. 3. The petitioner has an apprehension that the Magistrate may, instead of permitting a cash deposit under Section 445 Cr.P.C, insist upon a recognizance by asking the petitioner to produce sureties in support of the bond amount. It is made clear that the above provision enables the Magistrate to insist on cash deposit instead of recognizance in lieu of executing a bond. Dated this the 7 th day of January, 2010. V.RAMKUMAR, JUDGE sj