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 in connection with Crime No.941/2016 of the Angamaly Police Station, registered under Sections 143, 147, 148, 109, 323, 354, 294(b), 452 and 506(i) r/w Section 149 of the Indian Penal Code.

2. The prosecution case is that at about 1.00 am. on

6.5.2016 a gang of eight persons including these petitioners trespassed into the house of the complainant, assaulted her and they also outraged the modesty of the complainant.

3. This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that the custodial interrogation of the petitioners is absolutely necessary as part of investigation, and that the accused are now released, they will definitely obstruct the proper and effective investigation.

4. On hearing both sides, and on a perusal of the materials including the case diary I find that the petitioners cannot be immediately released under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioners is felt necessary for the collection of some materials as part of effective investigation. The petiti