ORDER

20.08.2014Heard learned counsel for the petitioners, Mr. Dhananjaya Mund and learned Addl.Standing Counsel, Mr. Anupam Rath.

This order arises out of an application under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘the Code’). The petitioners are apprehending arrest for the alleged commission of offence under Sections 341, 323, 324 and 294/34 of the I.P.C.

The learned Addl.Standing Counsel submits that since all the offences are bailable in nature, an application for anticipatory bail is not maintainable. However, the learned counsel for the petitioners submits that, as per the Criminal Amendment, 2005, Section 324 IPC has been made non-bailable. It was also contended that in the case, out of which this present application arises, two other persons were arrested and produced before the learned S.D.J.M., Athamallik treating the offence under Section 324 IPC to be non-bailable. The learned Magistrate has remanded the accused persons to judicial custody. The present petitioners are apprehending arrest for commission of the aforesaid offences in G.R. Case No.200/2014 of the Court of S.D.J.M., Athamallik, arising out of Handapa P.S. Case No.79/2014.

The Delhi High