IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 5906 of 2009() ----------------------------- CRIME NO.937/2009 OF KUNDARA POLICE STATION, KOLLAM DISTRICT PETITIONERS/ACCUSED NO.1 TO 4 ------------------------------------------------- 1. P.G.ARAVINDAKSHAN NAIR,AGED 70 YRS, S/O.GOPALA PILLAI,'V' NIVAS,KUZHIYAM,THEKKE CHERRY PERINAD VILLAGE,CHANDANATHOPU.P.O,KOLLAM. 2. VIJAYA KUMAR,S/O.BALAN PILLAI, KALIYILIL VEETTIL,CHATHANIKULATHU CHERRI, KILIKOLLOOR,KOLLAM. 3. MOHANAN,MUMBALA THAZHATHIL, KUZHIYAM THEKKE CHERIYIL. 4. VENUGOPALAN,MULAVOORAZHIKATHU VEEDU, THEKKEVILA CHERRIYIL. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5906 of 2009 --------------------------------------------- Dated this the 6th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.937 of 2009 of Kundara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 294(b), 323, 347, 355 and 327 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that accused Nos.2 to 4 were deleted from the array of accused and the offence under Section 327 IPC was deleted. Therefore, what remains is the allegation regarding the offences under Sections 294(b), 323, 347 and 355 of the Indian Penal Code. All these offences are bailable. Therefore, the application for anticipatory bail is not maintainable in view of the submission made by the learned Public Prosecutor. Accordingly, the Bail Application is closed reserving the right of the accused to move for regular bail. K.T.SANKARAN, JUDGE csl