IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 6990 of 2009 CRIME NO.590 OF 2009 OF FEROKE POLICE STATION PETITIONERS ------------------- 1. ILLIKKAL HAMSA HAJI, S/O.HASSAN HAJI, AGED 58 YEARS, ILLIKKAL HOUSE, FEROKE AMSOM, NALLOOR DESOM, KOZHIKODE DISTRICT. 2. ABDURAHIMAN @ BAVA, S/O.HASSAN HAJI, AGED 55 YEARS, ILLIKKAL HOUSE, FEROKE AMSOM, NALLOOR DESOM, KOZHIKODE DISTRICT. 3. KUNHI MOIDEEN HAJI @ BAPPUTTY HAJI, S/O.HASSAN HAJI, AGED 65 YEARS,ILLIKKAL HOUSE, FEROKE AMSOM, NALLOOR DESOM, KOZHIKODE DISTRICT. 4. ABDUL SALAM, S/O.HASSAN HAJI, AGED 54 YEARS, ILLIKKAL HOUSE, FEROKE AMSOM, NALLOOR DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6990 OF 2009 ------------------------------------------------------ Dated this the 1st day of December, 2009 O R D E R Apprehending arrest by Feroke Police on an accusation of having committed non-bailable offence, the petitioners have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Learned Public Prosecutor submitted that though Section 452 of the Indian Penal Code, a non-bailable offence, was included earlier, that Section was deleted and the offences alleged against the petitioners as of now are under Sections 447, 341, 323, 324 and 427 read with Section 34 of the Indian Penal Code. It is submitted that all these offences are bailable. The Bail Application is, therefore, closed on the ground that the offences alleged against the petitioners are bailable, reserving the right of the petitioners to move for regular bail. (K.T.SANKARAN) Judge ahz/