IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Bail Appl..No. 4432 of 2011() ----------------------------- CRIME NO.488/2011 OF VIYYUR POLICE STATION PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. BABY, AGED 47 YEARS, S/O.RAMAN NAIR, CHIRIYAKATH HOUSE, VILVATTOM VILLAGE, ANAPARA DESOM, THRISSUR. 2. P.KURIAN, AGED 47 YEARS, S/O.PORINCHU, KANGAPPADAN HOUSE, P.O.RAMAVARAMAPURAM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT: --------------------------- THE STATION HOUSE OFFICER, VIYYUR POLICE STATION, THRISSUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.4432 of 2011 * * * * * * * * * * * * * * * * * * Date: 14.06.2011 ORDER In this petition filed under Section 438 Cr.P.C., the petitioners who are accused Nos.1 and 2 in Crime No.488/2011 of Viyyur Police Station for offences punishable under Sections 447,341 and 324 read with 34 IPC, seek anticipatory bail. 2. The learned Public Prosecutor, after instructions, submitted that the surviving offences 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 14th day of June, 2011 V. RAMKUMAR, (JUDGE) sj