IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1710 of 2010() ------------------------- CRIME NO. 134 OF 2010 OF VIYYUR POLICE STATION PETITIONER/ACCUSED ------------------ UNNIKRISHNAN K.R., AGED 40 YEARS, KONIPARAMBIL HOUSE, GRAMALA MULANKKUNNATHUKAVU, THRISSUR. BY ADV. SRI.DEEPU THANKAN SMT.G.RANJITA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29-3-2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 1710 of 2010 * * * * * * * * * * * * * * * * * * Dated: 29th day of March, 2010 ORDER Petitioner who is the first accused in Crime No. 134 of 2010 of Viyyur Police Station in Thrissur District originally registered for offences punishable under Sections 323 and 326 read with Sec. 34 I.P.C. and subsequently altered to those punishable under Sections 323 and 324 read with Section 34 I.P.C, seeks anticipatory bail. In the light of the subsequent alteration of the offence punishable under Section 326 I.P.C. to one punishable under Sec. 324 I.P.C. which is bailable , invocation of Section 438 Cr.P.C. is misconceived. This application is, accordingly, dismissed without prejudice to the right of the petitioner to move the Magistrate for regular bail. Dated this the 29th day of March, 2010. V. RAMKUMAR, (JUDGE) ani.