IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1749 of 2008() ----------------------------- CRIME NO.199/08 OF ADOOR POLICE STATION PETITIONER : ACCUSED ------------------------ RATHEESH, MUKALUVELIYIL VEETTIL PARAKKOOTTAM, PERINGANADU SOUTH MURI PERINGANADU VILLAGE, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1749 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. Petitioner apprehends arrest as accused in Crime No.199 of 2008 of Adoor Police Station. 2. The learned Public Prosecutor after taking instructions submits that though initially an allegation under Section 326 I.P.C was also raised in the said crime, in the course of investigation it is revealed that no offence under Section 326 I.P.C is made out. Appropriate report has been filed before the learned Magistrate. In that crime, accused need not apprehend that he will be arrested on the allegation of having committed any non bailable offence. At present, there is only an allegation of bailable offences being committed. The accused can appear before the learned Magistrate or the Investigating Officer and claim bail as a right under Section 436 Cr.P.C, submits the learned Public Prosecutor . 3. I take note of and hereby record the submission of the learned Public Prosecutor. In the light of the said submission, which I accept, the apprehension of the petitioner is found to be without any basis. No direction under Section 438 Cr.P.C can or B.A.No.1749 of 2008 2 need be issued. 4. This bail application is accordingly dismissed with liberty to the petitioner to appear before the learned Magistrate or the Investigating Officer and seek regular bail in the bailable offence alleged against him. (R.BASANT, JUDGE) rtr/-