IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Bail Appl..No. 1019 of 2011() ---------------------------------- (CRIME NO. 99/2011 OF EAST KALLADA POLICE STATION, KOLLAM DISTRICT) ...... PETITIONER/ACCUSED 1 AND 2 -------------------------------------- 1. SHIBU, AGED 38 YEARS, ATTUPURATHU VEEDU, KIDAPRAM, MANROETHURUTHU, KOLLAM DISTRICT. 2. MINI, AGED 38 YEARS, W/O.SHIBU, ATTUPURATHU VEEDU, KIDAPRAM, MANROETHURUTHU, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SHO, EAST KALLADA POLCIE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.1019 of 2011 * * * * * * * * * * * * * * * * * * Dated: 16.02.2011 ORDER In this petition filed under Sec. 438 Cr.P.C. the petitioners seek anticipatory bail on the allegation that they are sought to be arrested by East Kallada police in connection with Crime No.99/2011 registered for offences punishable under Sections 452,341,294(b),323 and 354 read with 34 I.P.C. 2. The learned Public Prosecutor on instructions submitted that Section 452 IPC has since been deleted and Section 451 IPC has been added. If so the surviving offences are all bailable offences. Resultantly invocation of Section 438 Cr.P.C. is now misconceived. 3. This Petition is accordingly dismissed without prejudice to the right of the petitioner to seek regular bail from the Magistrate concerned. Dated this the 16th day of February, 2011. V. RAMKUMAR, (JUDGE) sj