IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Bail Appl..No. 3941 of 2011() -------------------------------- CRIME NO. 210/2011 of KODANADU POLICE STATION, ERNAKULAM PETITIONER/ ACCUSED: ---------------------------- N.D.VARGHESE @ VARKEY, AGED 50 YEARS S/O.DEVASSY, NJALIYIL HOUSE, KOODALAPPAD, KODUVELIPPADY KARA, KOOVAPPADY PO,ERNAKULAM DISTRICT. BY ADV. SRI.K.SUNILKUMAR RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA ,THROUGH THE SUB INSPECTOR OF POLICE, KODANADU POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================ Bail Application No.3941 of 2011 ============================ Dated this the 30 th day of May, 2011. ORDER In this petition filed under Section 438 Cr.P.C., the petitioner who is the accused in Crime No.210 of 2011 of Kodanadu Police Station, Ernakulam for offences punishable under Sections, 323, 341 and 308 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are only those punishable under Sections 341, 323 and 325 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 petitioner to seek regular bail either from the Magistrate or the arresting police officer concerned. Dated this the 30th day of May, 2011. V. RAMKUMAR, JUDGE. rv