IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9332 of 2011() ----------------------------- CRIME NO. 1106/2011 OF GURUVAYOOR POLICE STATION, THRISSUR DIST. ---------------------------------------- PETITIONERS (S): -------------------------- 1. RAKESH,S/O.RADHAKRISHNAN, ERATH HOUSE,MATTOMM,ALOOR, THRISSUR DISTRICT 2. JINJU, S/O.CHANDRAN, ERATH HOUSE,MATTOMM,ALOOR, THRISSUR DISTRICT BY ADV. SRI.M.PREMCHAND RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECTOR SRI REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD P.S.GOPINATHAN, J. ---------------------------- B.A.No.9332 OF 2011 ----------------------------- Dated this the 24th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 and 2 in Crime No. 1106/2011 of Guruvayoor Police Station for offences punishable under Sections 322, 324, 452 and 354 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that this is a clear case of house tresspass during night and outraging modesty of the defacto complainant. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as observed by the learned Sessions Judge in their application Crl.M.C.No.1751/2011. Therefore, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating B.A.No.9332/2011 2 Officer, after interrogation and recovery, if any, with or without arrest shall produce the petitioners before the Judicial Magistrate of 1st Class, Chavakkad, so as to enable them to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/25/11