IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3136 of 2011() -------------------------------------- CRIME NO. 147/2011 OF THE PANNIYANKARA POLICE STATION, KOZHIKODE ..... PETITIONERS/ACCUSED --------------------------------------- 1. M.SUDEEPKUMAR, AGED 23 YEARS, S/O.PRASANNAKUMAR, MOOLAT HOUSE, KALLAI P.O., KOZHIKODE. 2. M.ANOOP, AGED 21 YEARS, S/O.PRASANNAKUMAR, MOOLAT HOUSE, KALLAI P.O., KOZHIKODE. 3. P.SAIKUMAR, AGED 18 YEARS, S/O.SURYAKUMAR, PATTERI HOUSE, CHALAPPURAM P.O., KOZHIKODE. BY ADV. SRI.KISHOR B. RESPONDENT(S): STATE --------------------------------- SUB INSPECTOR OF POLICE, PANNIYANKARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------------------------ Bail Application No.3136 of 2011 ------------------------------------------------- Dated this the 3rd day of May, 2011 ORDER In this petition filed under Section 438 Cr.P.C., the petitioners who are the accused in Crime No.147 of 2011 of Panniyankara Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 & 149 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences are only those punishable under Sections 143, 147, 148, 341, 323, 324 & 149 I.P.C. 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 petitioners to seek regular bail either from the Magistrate or the arresting police officer concerned. Dated this the 3rd day of May, 2011. V. RAMKUMAR, JUDGE. skj