IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9100 of 2011() CRIME NO. 251/2011 OF KODUMON POLICE STATION, JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ADOOR ----------------------------- PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. YESODHARAN, AGED 52 YEARS, S/O. PODIYAN, MALAYIL THONDALIL NISHAD BHAVAN, EDATHITTA MURI, KODUMON. 2. MANOJ, AGED 31 YEARS, S/O. MURALI, AMITHABHAVAN, NETTAYAM, NEDIYARA, EROOR VILLAGE. 3. RATHEESH, AGED 28 YEARS, S/O. RAJENDRAN, KORATTIYIL PUTHEN VEEDU, NEDIYARA MURI, ANCHAL VILLAGE. 4. MANU, AGED 35 YEARS, S/O. MURALI, POOVATHINAL VADAKKEKARA VEEDU, KAITHAPRAMPU, KADIKA MURI, ENATHU VILLAGE. BY ADV. SRI. K. SASIKUMAR RESPONDENT(S): ------------------------ STAE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO.9100 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 to 4 in Crime No.251/2011 of Kodumon Police Station for offences under Sections 447 and 326 r/w Section 34 IPC. 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 had trespassed in to the property of the defacto complainant and he was brutally assaulted by causing fracture on the skull. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO.9100 OF 2011 2 In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating officer . The Investigating Officer after interrogation and recovery, if any, with or without arrest, shall produce the petitioners before the Magistrate concerned having jurisdiction, so as to enable the petitioners 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 amk