IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 458 of 2008()
1. AL-AMEEN, AGED 19 YEARS,
... Petitioner
2. MUHAMMED AJITH, AGED 18 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/01/2008
O R D E R
R.BASANT, J.
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B.A.No.458 of 2008
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Dated this the 25th day of January 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 2 and 3. They face allegations in a crime registered as
Crime No.990/07 of Kottarakkara police station wherein the only
non-bailable offence alleged is one punishable under Section 308
I.P.C. The learned counsel for the petitioners prays that
anticipatory bail may be granted to the petitioners.
2. The learned Public Prosecutor, after taking
instructions, submits that though the said allegation was raised
in the F.I.R, in the course of investigation the said allegation is
withdrawn and at present the accused in the case face
allegations only for bailable offence. In these circumstances, no
directions are necessary under Section 438 Cr.P.C, submits the
learned Public Prosecutor.
3. I agree with the learned Public Prosecutor that the
petitioners need not now apprehend arrest for non-bailable
offence. They can appear before the investigating officer or the
B.A.No.458/08 2
learned Magistrate having jurisdiction and then claim bail under
Section 436 Cr.P.C.
4. With the above observatins, this petition is dismissed
as agreed.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
B.A.No.458/08 3
B.A.No.458/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007