IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9296 of 2011() ---------------------------------------- CRIME NO.800/2011 OF HARIPAD POLICE STATION. ............. PETITIONER/ACCUSED NO.1 TO 4: ------------------------------------------------- 1. KUMARAN, S/O.GOPALAKURUP, OTTATHENGIL HOUSE, PILAPUZHA MURI, HARIPAD P.O., ALAPUZHA DIST. 2. KARTHIKEYAN, OTTATHENGIL HOUSE, PILAPUZHA MURI, HARIPAD P.O., ALAPUZHA DIST. 3. LATHIKA, W/O. KUMARAN, OTTATHENGIL HOUSE, PILAPUZHA MURI, HARIPAD P.O., ALAPUZHA DIST. 4. JITHIN, S/O.KUMARAN OTTATHENGIL HOUSE, PILAPUZHA MURI, HARIPAD P.O., ALAPUZHA DIST. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9296 OF 2011 ----------------------------- Dated this the 28th 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 to 4 in Crime No. 800/2011 of Haripad Police Station for offences punishable under Sections 458, 323, 324, 294(b) and 427 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, though the 1st accused is the defacto complainant in an earlier crime, it is seen that at 10.30 p.m. on 20.10.2011, the petitioners had trespassed into the house of the defacto complainant with deadly weapon like sword and committed the offence alleged. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. B.A.No.9296/2011 2 3. In the result, this petition is disposed of 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 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. The petitioners are also at liberty to surrender before the trial court. (P.S.GOPINATHAN, JUDGE) ps/29/11