IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Bail Appl..No. 2216 of 2011() ----------------------------- CMP.8247/2010 of J.M.F.C.,VARKALA CRIME NO. 31/2011 of VARKALA POLICE STATION .................... PETITIONERS/ACCUSED 2 TO 7:- 1. PRABHUL @ KANNAN, 23 YEARS, S/O.SIVAPRASAD, PRABHUL COTTAGE, KARIMPALOOR, PARIPPALLY VILLAGE, KOLLAM DISTRICT. 2. THREJAS @ PONNU, 23 YEARS, S/O.RETNAMANI, 'THREJAS', PUTHENKULAM P.O., PARIPPALLY, KOLLAM DISTRICT. 3. SREYAS @ DINKLY, 20 YEARS, S/O.RETNAMANI, ....DO.... .....DO..... 4. SIVATMAJI, 50 YEARS, W/O.SIVAPRASAD, PRABHUL COTTAGE, KARIMPALOOR, PARIPPALLY VILLAGE, KOLLAM DISTRICT. 5. THANKAMANI, 48 YEARS, W/O.JAYAN, DIVYA VILASOM, KARIMPALOOR, PUTHENKULAM P.O., KOLLAM DISTRICT. 6. RETNAMANI, 44 YEARS, W/O.SUGANTHAN, 'THREJAS', PUTHENKULAM P.O., PARIPPALLY, KOLLAM DISTRICT. BY ADV. SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM RESPONDENT: STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ON BEHALF OF STATE REPRESENTING S.I. OF POLICE, VARKALA POLICE STATION. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B. A. No. 2216 of 2011 - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2011. O R D E R The petitioners seek anticipatory bail on the allegation that the Varkala police are at their heels in connection with Crime No. 31 of 2011 registered for non bailable offences. The learned Public Prosecutor on instructions, submitted that all the surviving offences after deletion of some of the offences, are bailable offences and that petitioners 5 and 6 who were originally arrayed as accused Nos. 5 and 6, have since been deleted from the array of accused. If so, invocation of Section 438 Cr.P.C is misconceived. This petition is accordingly dismissed without prejudice to the right of petitioners 1 to 4 (A1 to A4) to seek regular bail from the Magistrate concerned. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.