IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8591 of 2011() ----------------------------------------- CRIME NO.733/2011 OF ADOOR POLICE STATION, PATHANAMTHITTA DIST. ..................... PETITIONERS/ACCUSED NOS.1 TO 4 ----------------------------------------------------- 1. SAMKUTTY, AGED 40 YEARS, SANU BHAVAN, PAZHAKULAM WEST MURI, PALLICKAL VILLAGE, ADOOR TALUK. 2. KUNJUMON, AGED 55 YEARS, S/O.MATHAI, ANEESH BHAVAN, PAZHAKULAM WEST MURI, PALLICKAL VILLAGE, ADOOR TALUK. 3. RAJEEV, AGED 25 YEARS, S/O.BHASKARAN, RAJESH BHAVAN, PERINGANADU VILLAGE, ADOOR TALUK. 4. RAJESH, AGED 27 YEARS, S/O.BHASKARAN, RAJESH BHAVAN, PERINGANADU VILLAGE, ADOOR TALUK. BY ADV. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR MR.NOUSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. ---------------------------- B.A.No.8591 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused 1 to 4 in Crime No. 733/2011 of Adoor Police Station for offences punishable under Sections 452, 341, 324, 323, 354 and 326 read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, they moved a petition as Crl.M.P.No.951/2011 before the Sessions Judge, Pathanamthitta, who, by Annexure-AI order dismissed the same. Now seeking the same relief, this petition is filed. 2. Having heard either side and perusing the records, I find that, as rightly observed by the learned Sessions Judge, the involvement of the petitioners is evident. At 10 p.m., the petitioners trespassed into the house of the defacto complainant, her modesty was outraged and was hurt with deadly weapons whereby she sustained fracture at the wrist. The daughter of the defacto complainant was also assaulted. In the above circumstance, I find that this is not a fit case to B.A.No.8591/2011 2 invoke jurisdiction under section 438 of the Code of Criminal Procedure. 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. (P.S.GOPINATHAN, JUDGE) ps/30/11