IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9399 of 2011() CRIME NO. 855/2011 OF THEKKUMBHAGOM POLICE STATION IN KOLLAM DISTRICT -------------------------------------- PETITIONERS/ACCUSED 1 TO 9 --------------------------------------------- 1. BIJU, S/O. SIMPORIAN, BIJU LAND, ARINALLOOR, THEVALAKKARA, KOLLAM. 2. SIMPORIAN, S/O. ANCIL, BIJU LAND, ARINALLOOR, THEVALAKKARA, KOLLAM. 3. JOY, S/O. SILFORIAN, SILFORIAN COTTAGE, KOIVILA, THEVALAKKARA, KOLLAM. 4. SHIBU, S/O. SILFORIAN, SILFORIAN COTTAGE, KOIVILA, THEVALAKKARA, KOLLAM. 5. NISHA, D/O. SIMPORIAN, BIJU LAND, ARINALLOOR, THEVALAKKARA, KOLLAM. 6. JOLLY, W/O. SIMPORIAN, BIJU LAND, ARINALLOOR, THEVALAKKARA, KOLLAM. 7. JOHNSON, S/O. SIMPORIAN, SIMPORIAN COTTAGE, ARINALLOOR, THEVALAKKARA, KOLLAM. 8. ANIL, S/O. SIMPORIAN, SIMPORIAN COTTAGE, ARINALLOOR, THEVALAKKARA, KOLLAM. 9. JANE, M/O. SIMPORIAN, SIMPORIAN COTTAGE, ARINALLOOR, THEVALAKKARA, KOLLAM. BY ADV. SRI. B. MOHANLAL RESPONDENT(S): COMPLAINANT&STATE ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO.9399 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 9 in Crime No.855/2011 of Thekkumbhagom Police Station for the offences under Sections 143, 147, 148, 452, 341, 323, 324, 326, 427 and 354 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition is 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, I find that the petitioners had committed house trespass and outraged the modesty of the defacto complainant and this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. However, taking note that the petitioners 5, 6 and 9 are ladies, relief can be granted to them. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, with or without arrest shall release the petitioners 5, 6 and 9 on bail on executing a bond for Rs.20.000/- with two B.A. NO.9399 OF 2011 2 solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioners 5, 6 and 9 shall report before the investigating Officer as and when required. 2. They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. 3. They shall not leave Kollam District without the previous permission of the Investigation Officer. 4. This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. Petitioners 1 to 4 and 7 and 8 shall be produced before the Magistrate concerned, who shall dispose the application for bail on merits, if any filed by them. P.S.GOPINATHAN, JUDGE amk