IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8274 of 2011(F) ----------------------------- (CRIME NO.963/2011 OF KILIKOLLUR POLICE STATION, KOLLAM DISTRICT) ......................................................... PETITIONER/3RD ACCUSED ---------------------- ROBINDAS, S/O.YESUDAS, PILLAVEEDU, KARIOKODUCHERRY, MANGADU VILLAGE, KOLLAM. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT/STATE ---------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.963/2011 OF KILIKOLLUR POLICE STATION) BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J ---------------------------- B.A. NO.8274 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in Crime No.963/2011 of Kilikollur Police station for offences punishable under Sections 452, 323, 427, and 354 r/w Section 34 IPC. 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard the learned Public Prosecutor and the learned counsel for the petitioner. I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure as it is a clear case of house trespass and outraging the modesty of the defacto complainant. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of without any delay provided sufficient notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge