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. 8101 of 2011() ----------------------------- (CRIME NO.1765/2011 OF ERNAKULAM TOWN NORTH POLICE STATION) .................... PETITIONER(S): PETITIONERS/ACCUSED ---------------------------------- 1. DILJITH, S/O.ROOPILAL, AGED 35 YEARS, SHANMUGHAPURAM HOUSE, PACHALAM PO (A3). 2. SHIJITH, S/O.MOHANAN, AGED 28 YEARS, SHANMUGHAPURAM HOUSE, PACHALAM PO (A2). 3. JINU, S/O.MANGALANADAN, AGED 25 YEARS, AMBADY HOUSE,SHANMUGHAPURAM HOUSE,PACHALAM PO (A1) 4. SHOBITH, S/O.UNNIKRISHNAN,AGED 25 YEARS, OLIPARAMBIL HOUSE, SHANMUGHAPURAM HOUSE,PACHALAM PO (A4). BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT(S): -------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVT. PLEADER SRI. NOWSHAD THOTTATHIL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A. No. 8101 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 ORDER Petitioners are accused Nos. 1 to 4 in Crime No.1765/2011 of Ernakulam Town North Police Station for offences under Sections 452, 323, 354, 294(b), 506(ii), 427 & 34 of the Indian Penal Code and Section 27 of the Arms Act. 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. 2. Having heard either side, it is revealed that on 9.9.2011 at night, petitioners committed house tresspass caused hurt and outraged the modesty of the defacto complainant and also caused damages to the windowpanes as well as an autorikshaw kept parked in front of the house. It is also revealed that the petitioners are involved in earlier crime of identical nature. In the above circumstances, I find that this is not a fit case to invoke jurisdiction under Sec.438 of the Code of Criminal Procedure. B.A. No. 8101 of 2011 2 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 petitioners before the Magistrate concerned so as to enable the petitioner to apply for bail, which the learned Magistrate shall dispose of, if possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, JUDGE. Scl.