IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1691 of 2008() ----------------------------- CRIME 140/08 OF CHENGANNUR POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- PRAJITH, S/O.PRASANNAN, AGED 18 YEARS, KOMODIYIL HOUSE, PENNUKKARA.P.O. ALA VILLAGE, CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE S.I. OF POLICE, CHENGANNUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1691 OF 2008 B ```````````````````````````````````````````````````` Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner apprehends arrest as the 1st accused in crime No.140/08 of Chengannur police station registered alleging offences under section 326 IPC. The incident took place on 6.3.08. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned Public Prosecutor submits that though initially the allegation under section 326 IPC was also raised, the same has now been deleted and all offences now remaining are bailable offences. In these circumstances, the learned Public Prosecutor submits that the petitioner is not entitled for issue of any directions under section 438 Cr.P.C. 3. The offences alleged being admittedly bailable now, it is not necessary, I am satisfied, to invoke the powers BA.1691/08 : 2 : under section 438 Cr.P.C in favour of the petitioner. The petitioner can appear before the investigating officer or the learned Magistrate and then seek regular bail under section 436 Cr.P.C. as a matter of right. I am satisfied, in these circumstances, that this petition can be dismissed as unnecessary. 4. In the result, this petition is dismissed with the above observations. (R.BASANT, JUDGE) aks