IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Bail Appl..No. 4751 of 2010(B) ------------------------------------------ (CRIME NO. 388/2010 OF BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT) .......... PETITIONER/ACCUSED NO.1: ------------------------------------------ JUSTIN @ JUSTIN SHINTO, S/O.JOLLY JOSEPH, AGED 21, ARAKKAL HOUSE, THAIKKATTUSSERRY, PANAYIKULAM, N.PARUR. BY ADVS. SRI.AMJAD ALI, SRI.B.H.MANSOOR. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4751 of 2010 ------------------------------------------------- Dated this the 12th day of August, 2010 ORDER The petitioner who is the first accused in Crime No.388/2010 of Binanipuram Police Station originally registered for offences punishable under Sections 341, 323, 324, 506(ii) & 427 read with Section 34 I.P.C. and 27 of the Arms Act, 1959, seeks anticipatory bail. 2. The learned Public Prosecutor on instructions submitted that the offences punishable under Sections 324, 506(ii), 427 & 27 of the Arms Act, 1959 have subsequently been deleted and that the surviving offences are bailable offences. If so, the invocation of Section 438 of Code of Criminal Procedure is misconceived. This petition is dismissed without prejudice to the right of the petitioner to seek regular bail from the Magistrate concerned. V.RAMKUMAR, JUDGE skj