IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7355 of 2009() ---------------------------------- CRIME NO.460/2009 OF KUMILY POLICE STATION. PETITIONERS/ACCUSED: ------------------------------------ 1. K.T.JOSEPH, 64 YEARS, S/O.LATE K.C.THOMAS, KARIPPAYIL HOUSE, KUMILY P.O., IDUKKI DISTRICT. 2. RAJAN K.THOMAS, S/O.K.C.THOMAS, KARIPPAYIL HOUSE, KUMILY P.O., IDUKKI DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SMT.ASHA P.KURIAKOSE RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUMILY POLICE STATION, IDUKKI DISTRICT. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. T. SANKARAN, J. ------------------------- B.A. No. 7355 of 2009 ------------------------------- Dated this the 16th day of December, 2009 O R D E R Apprehending arrest on an accusation of having committed non-bailable offence, the petitioners have this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor, on instructions, submits that the petitioners are accused Nos. 1 and 2 in Crime No.460/2009 of Kumily Police Station for the offences under Sections 354 and 323 read with Section 34 of the Indian Penal Code. 3. The offences alleged against the petitioners being bailable offences, the application for anticipatory bail is not maintainable. The Bail Application is accordingly dismissed with liberty to the petitioner to seek appropriate remedies. K.T.SANKARAN, JUDGE scm