SUJITH T K Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 11th accused in Crime No.227/05 of Mararikulam Police Station registered for offences punishable under sections 115, 120B, 307 and 302 read with section 34 IPC, seeks anticipatory bail.

(2.) SHRI V.K.Mohanan learned Additional Director General of Prosecution submitted that the offence alleged against the petitioner is only the one punishable under section 212 IPC, which is a bailable offence. If so, invocation of section 438 Cr.P.C. is misconceived. Accordingly, this petition is disposed of without prejudice to the right of the petitioner to move the proper court for regular bail.