IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7588 of 2009() ----------------------------- CRIME NO. 1488/09 OF IRINJALAKUDA POLICE STATION PETITIONERS (S): ACCUSED 1 & 2/PETITIONERS 1 & 2 -------------------------------------------------------------------------- 1. ABDUL KALAM AZAD, S/O.IBRAHIMKUTTY, AGED 38 YEARS, THOPPIL HOUSE, VELANGALLOOR POST, CHALAKKUDI ROAD, THRISSUR. 2. SHAJITHA, W/O. ABDUL KALAM AZAD, AGED 35 YEARS, THOPPIL HOUSE, VELANGALLOOR POST, CHALAKKUDI ROAD, THRISSUR. 3. VAHEEDA, D/O. MOHAMMED BASHEER, AGED 42 YEARS, THOPPIL HOUSE, VELANGALLOOR POST, CHALAKKUDI ROAD, THRISSUR. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, ERNAKULAM, THROGUH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7588 of 2009 --------------------------------------------- Dated this the 5th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners apprehend arrest by Irinjalakuda police on an accusation of having committed non bailable offence. The crime number is not mentioned in the Bail application. The learned Public Prosecutor, on instructions, submitted that petitioners 1 and 2 are respectively accused Nos.1 and 2 in Crime No.1488 of 2009 of Irinjalakuda Police Station. The third petitioner is not an accused in the crime. The learned Public Prosecutor also submitted that the offences alleged against the accused are under Sections 341, 323 and 324 read with Section 34 of IPC and that those offences are bailable offences. Since no non bailable offence is alleged against petitioners 1 and 2, this application for anticipatory bail is not maintainable. Accordingly, the Bail Application is dismissed leaving open the right of the petitioner to move for regular bail. K.T.SANKARAN, JUDGE csl