IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH DECEMBER 2006 / 20TH AGRAHAYANA 1928 Bail Appl..No. 7295 of 2006() ----------------------------- CRIME NO.279/06 OF MANNAR POLICE STATION PETITIONERS/ACCUSED ------------------------- 1. JOJI A.K., AGED 24 YEARS, S/O.KUTTAPPAN, RESIDING AT ATTUMALIYIL VEEDU, PADANAD WEST, PANAD P.O., CHENGANNUR TALUK. 2. JOBI A.K., AGED 27 YEARS, S/O.KUTTAPPAN, RESIDING AT ATTUMALIYIL VEEDU, PADANAD WEST, PADANAD P.O., CHENGANNUR TALUK. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------------- STATE OF KERALA, REP. BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- B.A.No.7295 OF 2006 ----------------------------------------------------------- DATED THIS THE 11TH DAY OF DECEMBER, 2006 O R D E R Petitioners who are accused Nos.1 and 2 in Crime No.279/06 of Mannar Police Station registered for an offence punishable under section 308 read with section 34 IPC, seek anticipatory bail. 2. Learned Public Prosecutor on instructions submitted that section 308 IPC has since been deleted and the case stands registered for offences punishable under sections 323 and 324 IPC both being bailable offences. If so invocation of section 438 Cr.P.C. is misconceived. Hence without prejudice to the right of the petitioners to seek regular bail, this petition is dismissed. V.RAMKUMAR, JUDGE dsn