IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 4900 of 2009 CRIME NO.216 OF 2009 OF IDUKKI POLICE STATION PETITIONERS: ACCUSED: ------------------------------- 1. THOMAS, AGED 64 YEARS, S/O.CHACKO, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. 2. MARY, AGED 62 YEARS, W/O.CHACKO, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. 3. JAIMON, AGED 40 YEARS, S/O.CHACKO, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. 4. GEORGE, AGED 36 YEARS, S/O.CHACKO, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. 5. REGI, AGED 29 YEARS, S/O.THOMAS, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.C.M.TOMY SRI.K.J.JOSEMON SRI.MATHEW SKARIA RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., IDUKKI POLICE STATION, IDUKKI. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4900 OF 2009 ------------------------------------------------------ Dated this the 22nd day of September, 2009 O R D E R Apprehending arrest on an accusation of having committed a non- bailable offence in Crime No.216 of 2009 of Idukki Police Station, the petitioners have filed this Bail Application under Section 438 of the Code of Criminal Procedure. Learned Public Prosecutor submitted that the second petitioner is not an accused in the case and the other petitioners are respectively accused Nos.3, 5, 2 and 1 in the crime. It is also submitted by the learned Public Prosecutor that the offences alleged against the accused persons are under Sections 143, 147, 323, 506(i) and 294(b) read with section 149 of the Indian Penal Code. All these offences are bailable offences. Therefore, the Bail Application under Section 438 of the Code of Criminal Procedure is not maintainable. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/