IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1177 of 2010() ----------------------------- CRIME NO.1408/2009 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED NO.1-3 ---------------------------------------------- 1. ANIL KUMAR, AGED 34 YEARS, S/O. SURENDRAN, THENGAYYATHUTHAZHATHIL, CHERUMOODU VELLIMON , KOLLAM. 2. AJAYAN, AGED 32 YEARS, S/O. SREEDHARAN, UDAYA BHAVAN, CHERUMOODU VELLIMON, KOLLAM. 3. BIJU, S/O. KUNJIRAMAN, PARASSERIL VEEDU, CHERUMOODU VELLIMON, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1177 of 2010 --------------------------------------------- Dated this the 25th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 3 in Crime No.1408 of 2009 of Kundara Police Station, Kollam District. 2. The petitioners apprehend arrest on the basis that the offences alleged against them are under Sections 143, 147, 148, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that during investigation, it was revealed that the first accused is not involved in the offence. It was also revealed that the offence under Section 326 IPC is not made out. It is submitted that as of now, the offences alleged against the accused are bailable offences under Sections 323 and 325 read with Section 34 of the Indian Penal Code. Therefore, the Bail Application is closed as no non bailable offence is involved. The Bail Application is accordingly closed. K.T.SANKARAN, JUDGE csl