IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 8733 of 2010() ----------------------------- CRIME NO. 694/2010 of POONTHURA POLICE STATION PETITIONER: --------------- V.M.YAHYA,MANAGING PARTNER, BISMI TRADERS, 12/174, BIG BAZAR, KOZHIKODE-673 001 BY ADV. SRI.M.AJAY RESPONDENTS/STATE, I.O., COMPLAINANT, DGP:- ------------------------------------------------------- 1. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. COMMISSIONER OF POLICE, THIRUVANANTHAUPRAM, OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM 695 001. 3. SRI.C.DIVAKARAN, HON.MINISTER FOR FOOD AND CIVIL SUPPLIES,THE SECRETARIAT, THIRUVANANTHAPURAM 695 001. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM 695 001. ADV. SRI. P.N. SUKUMARAN, ADDL. DGP THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 8733 of 2010 - - - - - - - - - - - - - - - - Dated this the 7 th day of January, 2011. O R D E R Petitioner seeks anticipatory bail on the allegation that the police attached to the office of the 2nd respondent (Commissioner of Police, Thiruvananthapuram) are at his heels in connection with some complaint lodged by the 3rd respondent (Sri. C. Divakaran) Minister for Food and Civil Supplies. The learned Additional Director General of Prosecution, on instructions, submitted that the petitioner is the first accused in Crime No. 694 of 2010 of Poonthura Police Station registered for offences punishable under Sections 451 and 500 r/w Section 34 IPC. Since all the offences are bailable offences, invocation of Section 438 Cr.P.C is misconceived. This petition is accordingly dismissed without prejudice to the right of the petitioner to seek regular bail from the Magistrate concerned. V.RAMKUMAR, JUDGE. rv