IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10268 of 2011(A) CRIME NO.2007/2011 OF THE KUNDARA POLICE STATION, KOLLAM. ------------------------------ PETITIONER (S): ---------------------- JOSEPH @ JAYESH, SIMIBHAVANAM, KANJIRACODU, MULAVANA,KOLLAM-691 517. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.N.SURESH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10268 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petitioner is the accused in Crime No.2007/2011 of Kundara Police Station for offences under Sections 323 and 457 of IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition under Section 438 of the Code of Criminal Procedure is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side and perusing the complaint, it is seen that at 2.30 AM, on 21-11-2011, the petitioner committed house trespass by removing the tiles of the house and when his presence was noticed by the defacto complainant, he escaped through the door,after causing hurt to the defacto complainant and his mother. This is not a falsely implicated case. The learned counsel for the petitioner submitted that the petitioner is prepared to surrender before the Investigating Officer. The submission is recorded. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge