High Court Kerala High Court

L.S.Shaji vs State Of Kerala on 1 January, 2007

Kerala High Court
L.S.Shaji vs State Of Kerala on 1 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7595 of 2006()


1. L.S.SHAJI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.A.NOOR MUHAMMED

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/01/2007

 O R D E R


                                  V.Ramkumar, J.

                  ========================

                              B.A.No.7595 of 2006

                  ========================


                Dated this the 1st day of January, 2007.


                                        ORDER

Petitioner, who is the accused in Crime No.400 of 2006 of

Parippally Police Station originally registered for offences punishable

under Sections 341, 323, 379 and 427 I.P.C. and subsequently

confined to the above offences excluding for the offence punishable

under Section 379 I.P.C., seeks anticipatory bail.

2. In as much as Section 379 I.P.C. which was the only non-

bailable offence was subsequently deleted, the surviving offences are

bailable offences. If so, invocation of Section 438 of Cr.P.C. is

misconceived. Accordingly without prejudice to the right of the

petitioner to seek regular bail from the Magistrate concerned, this

petition is disposed of.

V.Ramkumar,

Judge.

ess 1/1