IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Bail Appl..No. 4284 of 2011() ----------------------------- CRIME NO.685/2011 OF ERNAKULAM RURAL SOUTH POLICE STATION : PETITIONER/ACCUSED -------------------------------------- ARUN, S/O.BALACHANDRAN PILLAI, AGED 26 YEARS, KAMALAVILASAM, KANNIMELCHERI, CHERI NAGAR - 216, KILIRALLOOR P.O., KOLLAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ERNAKULAM RURAL SOUTH POLICE STATION, ERNAKULAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Bail Application No.4284 of 2011 .......................................... Dated: 10.06.2011 ORDER Petitioner who is the accused in Crime No. 685/2011 of Ernakulam Rural South Police Station for an offence punishable under Section 326 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor on instructions submitted that the offence under Section 326 IPC has since been substituted by section 324 IPC, which is bailable. If so, invocation of section 438 Cr.P.C is misconceived and this petition is accordingly dismissed, without prejudice to the right of the petitioner to seek regular bail from the Magistrate concerned. Dated this the 10 th day of June, 2011. V.RAMKUMAR, JUDGE sj