IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6116 of 2010() ------------------------------------------- (CRIME NO.403/2010 OF POOVAR POLICE STATION,NEYYATTINKARA) APPLICANT/ACCUSED: -------------------------------------- RAJU.K., AGED 42 YEARS, S/O.KITTUNADAR, MAVUNINNAKULANGARA VEEDU, THIRUPURAM P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAVIKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I.OF POLICE, POOVAR POLICE STATION, NEYYATTINKARA - 695 121. 3. THE S.I.OF POLICE POOVAR POLICE STATION (CRIME NO.403 OF 2010) NEYYATTINKARA - 695 121. R1 TO R3 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 6116 of 2010 * * * * * * * * * * * * * * * * * * Dated: 7th October 2010 ORDER Petitioner who is the sole accused in Crime No. 403 of 2010 of Poovar Police Station, Neyyattinkara originally registered for an offence punishable under Sec. 376 I.P.C. seeks anticipatory bail. The learned Public Prosecutor , on instructions, submitted that Sec. 376 I.P.C. has since been deleted and the offence is now one punishable under Sec. 354 I.P.C. which is bailable If so, invocation of Sec. 438 Cr.P.C. is misconceived. Accordingly, without prejudice to the right of the petitioner to move for regular bail before the Magistrate concerned, this application is dismissed. Dated this the 7th day of October, 2010. V. RAMKUMAR, (JUDGE) ani.