IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8743 of 2011() ----------------------------- CRIME NO.694/2011 OF NOORANADU POLICE STATION ALAPPUZHA DISTRICT PETITIONERS/ACCUSED NOS.1 AND 2 : ----------------------------------- 1. KRISHNARAJ, KRISHNA BHAVANAM, PULIMEL, NOORANADU. 2. KRISHNALAL, DO. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: RESPONDENTS/COMPLAINANTS --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.I. OF POLICE, NOORANADU. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8743 of 2011 ---------------------------------------------- Dated this the 15th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.694 of 2011 of Nooranadu Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 323, 324 and 427 read with Section 34 of the Indian Penal Code. Originally, offence under Section 379 was also alleged, but after investigation, the offence under Section 379 was deleted. 3. Without noticing that all the offences alleged against the petitioners are bailable, a direction was issued to the petitioners to appear before the Investigating Officer on 09th and 10th November, 2011 as a prelude for granting anticipatory bail. The petitioners complied with the direction. 4. It is now noticed that all the offences alleged against the petitioners are bailable. If so, an application for anticipatory bail under Section 438 of the Code of Criminal Bail Appln.No.8743/2011 : 2 : Procedure is not maintainable. Accordingly, the Bail Application is closed. If the petitioners surrender before the court having jurisdiction, they are entitled to bail provided they offer bail. K.T.SANKARAN, JUDGE skj