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T.D.PETER, S/O. DEVASI, AGED 65 YEARS v. STATE OF KERALA, REP. BY - Bail Appl No. 1029 of 2007  RD-KL 3788 (20 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1029 of 2007()
1. T.D.PETER, S/O. DEVASI, AGED 65 YEARS,
2. ANNIE PETER, W/O. PETER, AGED 54 YEARS,
1. STATE OF KERALA, REP. BY
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.B.A. 1029/2007 Dated this 20th day of February, 2007
O R D E RThe 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,
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