IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10669 of 2011(A) --------------------------------- (IN CRIME NO.2110/2011 OF PERUMBAVOOR POLICE STATON, WHICH IS ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR) ......................................... PETITIONER(S)/ACCUSED NO.1&4 : ------------------------------------------------- 1. VISHNU, AGED 20 YEARS, S/O.RAMESAN, KARAVATTU HOUSE, ALLAPRA KARA, VENGOLA, KUNNATHUNADU TALUK. 2. NITHIN, AGED 21 YEARS, S/O.SASI, SHIMO NIVAS (VELLAMPILLY HOUSE), ALLAPRA KARA, VENGOLA, KUNNATHUNADU TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI.R.RANJITH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVE COME UP FOR ADMISSION ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMV P.S.GOPINATHAN, J ---------------------------- B.A. NO.10669 OF 2011 -------------------------- Dated this the 30th day of December, 2011. O R D E R Petitioners, who are accused 1 and 4 in Crime No.2110/2011 of Perumbavoor Police Station for offences punishable under Sections 143, 147, 323, 341, 427 and 452 and r/w Section 149 IPC, apprehending arrest, detention and torture at the hands of the Investigation Officer filed this petition under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they were falsely implicated. 2. Having heard either side, it does not appear that the petitioners were falsely implicated, but on sufficient material. It is a case of house trespass, mischief and assault. Therefore, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. However, taking note that the defacto complainant has sustained only simple injuries and that the damage assessed is only Rs.2,000/-, this petition is disposed of with direction to the petitioners to deposit Rs.5,000/- before the JFCM-I, Perumbavoor and to surrender B.A. NO.10669 OF 2011 2 before the Investigating Officer, who, after interrogation and on satisfying the deposit as above, shall release the petitioners on bail on executing bond for Rs.15,000/- with two solvent sureties each for the like amount to his satisfaction on condition that the petitioners shall report before the Investigating Officer as and when called up on. The amount in deposit is liable to be disbursed on final disposal of the case. P.S.GOPINATHAN, JUDGE amk