ORDER :

Anticipatory bail plea at the instance of accused 1 to 3 in Crime No.261 of 2022 of Kalladicode Police Station, Palakkad is the subject matter of consideration in this petition filed under Section 438 of the Code of Criminal Procedure.

2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. The learned counsel appeared for the defacto complainant also was heard. Perused the case diary and the relevant decisions placed by the contesting parties.

3. The pertinent question arose for determination is, what is the procedure to be followed when accused were released on bail in a crime where initially bailable offence/offences was/were alleged and subsequently non bailable offence also got incorporated ?

4. The prosecution case is that at 10.15 p.m. on 30.08.2022, accused Nos.1 to 3 brought the defacto complainant on the pretext of settling a dispute in relation to the brother of the defacto complainant. Thereafter, the accused assaulted the defacto complainant with intention to murder him, after sharing common intention to do so. The specific allegation is that the 1st accused beat on the head of the defacto complainant by using a lever. When the de