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. 8780 of 2011() ----------------------------- CRIME 800/2011, GANDHI NAGAR POLICE STATION, KOTTAYAM CRMP.2985/2011 of DISTRICT COURT, KOTTAYAM CMP.2279/2011 of J.M.F.C. IV, ETTUMANOOR .................... PETITIONERS/ACCUSED --------------------------------------- 1. JINNA, S/O.MUHAMMED, KUZHIVELIPARAMBIL, PERUMBAIKKADU.P.O, KOTTAYAM. 2. HARIS,S/O.JINNA, KUZHIVELIPARAMBIL, PERUMBAIKKADU.P.O,KOTTAYAM. 3. JINAS,S/O.JINNA, KUZHIVELIPARAMBIL, PERUMBAIKKADU.P.O, KOTTAYAM. 4. ANUS, S/O.JINNA, KAIMUNDAMKALAYIL, GANDHINAGAR.P.O, PERUMBAIKKADU. BY ADVS. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT/STATE ----------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031(S.I.OF POLICE,GANDHI NAGAR POLICE STATION). BY GOVERNMENT PLEADER SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 8780 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 O R D E R Petitioners are accused in Crime No.800/2011 of Gandhi Nagar Police Station, Kottayam, for offence punishable under Sections 324, 326 341 and 452 r/w 34 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the Investigating officer, they moved a petition before the Session Judge, Kottayam seeking an order to direct the investigating officer to release the petitioner on bail in the event of arrest. By Annexure III order, the learned Sessions Judge dismissed the petition. Now this petition is filed seeking the same relief. 2. Having heard either side, it is revealed that the petitioners committed criminal tresspass into the house of defacto complainant and the defacto complainant was brutally assaulted with a bat. As a result, the defacto complaint sustained grevious injuries. It does not B.A. No. 8780 of 2011 2 appear that the case was falsely foisted. Having due regard to the nature of the offence committed, I find that this is not a fit case to invoke the jurisdiction under Sec.438 of the Code of Criminal Procedure. Learned Sessions Judge was right in dismissing the earlier application. In the result, this petition is disposed of with direction to the petitioners to surrender before the investigating officer, who after interrogation, shall produce them before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of at the earliest. P.S. GOPINATHAN, JUDGE. Scl.