IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9197 of 2011() ----------------------------------------- CRIME NO.1226/2011 OF SASTHAMCOTTA POLICE STATION, KOLLAM DIST. .................. PETITIONERS/ACCUSED A2 & 3 ----------------------------------------------- 1. NAVAJEEVAN (A-2), AGED 31 YEARS, S/O.DHARMARAJAN, CHAVATTIL THEKKETHIL VEEDU, PUTHUKKAD MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. 2. SUNIL KUMAR, AGED 38 YEARS, S/O.SADASIVAN PILLAI, KALEELIL VEETIL, PUTHUKKAD MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9197 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 2 and 3 in Crime No.1226/2011 of Sasthamcotta Police Station for offences punishable under Sections 323, 341, 354, 452, 294(b) and 506(ii) r/w. 34 of I.P.C and U/s. 27 of The Arms Act. 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, it is revealed that the petitioners along with others criminally trespassed into the house of the defacto complainant, outraged her modesty and injuries were inflicted with sword and hands. Such being the nature of the offence, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, I dispose of this petition with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of, on merits. P.S.GOPINATHAN, su JUDGE