IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 Bail Appl..No. 4125 of 2011() ----------------------------- CRIME NO.455/2011 OF MUNAMBOM POLICE STATION PETITIONERS:ACCUSED 1-3: -------------------- 1. AMBROSE, S/O.AUGUSTINE, MANGUZHIVEETTIL, CHERUVYPE, AYYAMPALLY, VYPIN, ERNAKULAM DIST. 2. BENNY, S/O.AUGUSTINE, MANGUZHIVEETTIL, CHERUVYPE, AYYAMPALLY, VYPIN, ERNAKULAM DISTRICT. 3. SEBASTIAN S/O.AUGUSTINE, MANGUZHIVEETTIL, CHERUVYPE, AYYAMPALLY, VYPIN, ERNAKULAM DIST. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, MUNAMBOM POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.4125 of 2011 -------------------------------------------------- Dated this the 2nd day of June, 2011 ORDER In this petition filed under Section 438 Cr.P.C., the petitioners who are accused Nos.1 to 3 in Crime No.455 of 2011 of Munambom Police Station for offences punishable under Sections 447, 323 & 324 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are only those punishable under Sections 447, 323 & 324 read with Section 34 I.P.C., which are bailable offences. If so, invocation of Section 438 Cr.P.C. is misconceived. This Petition is accordingly dismissed without prejudice to the right of the petitioners to seek regular bail either from the Magistrate or the arresting police officer concerned. Dated this the 2nd day of June, 2011. V. RAMKUMAR, JUDGE. skj