O R D E R

The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.507 of 2016 of the Cherupulassery Police Station registered under Sections 143 , 147, 148, 448, 323, 324, 452 and 427 read with 149 of the Indian Penal Code . They would like to surrender before the court, but they apprehend that they would be remanded to judicial custody by the learned Magistrate in view of the allegations under Section 452 I.P.C. I do not think that the learned Magistrate will mechanically remand the petitioners to judicial custody, just because the police has incorporated I.P.C in the F.I.R. The major offences alleged against them are all bailable under the law. What is made punishable under I.P.C is house trespass with preparation to cause hurt. This preparation meant under I.P.C requires something more. Mere house trespass with intention to cause hurt, will come only under Section 451 I.P.C which is bailable under the law. Anyway, the main offences will have to be looked into by the court when application for regular bail comes. I find that the the petitioners can