Vinosh T. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Bail Appl..No. 3215 of 2015 (B) ------------------------------------ CRIME NO. 436/2015 OF HOSDURG POLICE STATION , KASARGOD ----------------- PETITIONER/ACCUSED NO.1:- --------------------------------- VINOSH T., AGED 21 YEARS, S/O.VIJAYAN, THOTTIYIL HOUSE, MUKKOOD RAVANESWAR P.O., CHITHARI VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

BY ADV. SRI.S.VISHNU (TRIPUNITHURA) RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE HOSDURG POLICE STATION, (CRIME 436/2015) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.LISHA M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ B. A. No.3215 of 2015 ------------------------------------------------ Dated this the 24th day of June, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

3. The petitioner is the first accused in Crime No.436 of 2015 of Husdurg Police Station. The offences alleged were under Sections 143, 147, 148, 452 and 427 read with Section 149 of IPC. Learned Public Prosecutor submits that subsequently the investigating agency deleted the offence under Section 452 and incorporated the offence under Section 451. Therefore, the offences alleged against the petitioner are only bailable in nature. In the light of the submissions made by the learned Public Prosecutor, this petition is not maintainable under Section 438 of Cr.P.C.

B. A. No.3215 of 2015 -2Therefore, this petition is dismissed as not maintainable. Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE