IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1029 of 2007()
1. T.D.PETER, S/O. DEVASI, AGED 65 YEARS,
... Petitioner
2. ANNIE PETER, W/O. PETER, AGED 54 YEARS,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/02/2007
O R D E R
V.RAMKUMAR, J.
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B.A. 1029/2007
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Dated this 20th day of February, 2007
O R D E R
The petitioners, who are the paternal grand
parents of a three year old child by name Leon Tharrakan and
who are the accused in crime No.20/2007 of Kallorkad Police
Station registered for an offence punishable under Section
363 IPC read with Section 34 IPC, seek anticipatory bail.
2. The learned Public Prosecutor opposed the
application submitting inter alia that the schedule to Cr.P.C
shows that the offence punishable under Section 363 is a
bailable offence. If so, the invocation of Section 438 Cr.P.C.
is misconceived.
3. This application is accordingly dismissed without
prejudice to the right of the petitioners to seek regular bail
from the appropriate court.
V.RAMKUMAR,
JUDGE
mrcs