IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Bail Appl..No. 7553 of 2010() ---------------------------------------- (CRIME NO.987/2010 OF MUVATTUPUZHA POLICE STATION,ERNAKULAM) PETITIONERS/ACCUSED: --------------------------------------- 1. BABURAJ.P.N, S/O.NARAYANAN, AGED 37 YEARS, PADIJAKKARA (H), MANARY P.O., MUVATTUPUZHA. 2. AJEESH.V. @ VIJEESH, S/O.VIJAYAN, AGED 23 YEARS, VIJAYAMANGALAM (H), MANARY P.O., MUVATTUPUZHA. 3. HARIKRISHNAN.P @ HARIKUMAR, AGED 35 YEARS, S/O.PRABHAKARAN NAIR, HARIMANDIRAM, MANARY P.O., MUVATTUPUZHA. 4. SANOOP.A.R, S/O.RAMAKRISHNAN, AGED 22 YEARS, ERUPPELIL (H), MANARY, MUVATTUPUZHA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.7553 of 2010 * * * * * * * * * * * * * * * * * * Date: 26.11.2010 ORDER Petitioners seek anticipatory bail on the allegation that the Muvattupuzha Police are at their heels in connection with Crime No.987/2010 registered for offences punishable under Sections 143,147,148,341 and 324 read with 149 IPC read with Section 3 (i) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The learned Public Prosecutor, on instructions, submitted that the offence punishable under the Special Act has since been deleted and the surviving offences are bailable offences. If so, invocation under Section 438 Cr.P.C cannot be sustained now. Accordingly this application is dismissed without prejudice to the right of the petitioners to seek regular bail from the Magistrate concerned. Dated this the 26th day of November, 2010. V. RAMKUMAR, (JUDGE) sj