IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Bail Appl..No. 2407 of 2011() --------------------------------- CRIME NO.124/2011 of ALAPPUZHA POLICE STATION PETITIONER:- ----------------- K.M.DILEEP KHAN,AGED 50 YEARS, S/O.MUSTHAFA RAWTHER,KOCHUTHUNDIL VEEDU, ADIKKATTUKULANGARA,PALAMEL VILLAGE, NOORANAD. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT: --------------- SUB INSPECTOR OF POLICE, ALAPPUZHA POLICE STATIOIN,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================ Bail Application No. 2407 of 2011 ============================ Dated this the 7 th day of April, 2011. ORDER In this petition filed under Section 438 Cr.P.C., the petitioner who is the accused in Crime No.124 of 2011 of Alappuzha Police Station for offences punishable under Sections 324, 441, 447, 506 (ii), 308, 294(b) I.P.C., and Section 31(1) of Protection of Women from Domestic Violence Act, seeks anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are only those punishable under Sections 324, 447, 506(ii), 294(b) I.P.C., and Section 31(1) of Protection of Women from Domestic Violence Act which are bailable offences. If so, invocation of Section 438 Cr.P.C. is misconceived. This Petition is accordingly dismissed without prejudice to the right of the petitioner to seek regular bail either from the Magistrate or the arresting police officer concerned. Dated this the 7th day of April, 2011. V. RAMKUMAR, JUDGE. rv