O R D E R

The petitioners herein are the accused Nos.1, 2 and 4 to 6 in Crime No.957/2017 of Edathua Police Station. They seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with the said crime registered under Sections 143, 147, 148, 452, 294(b), 323, 324 and 506(i) read with Section

149 of the Indian Penal Code.

2. It is submitted that the 3rd accused is on bail. It appears that the petitioners seek pre arrest bail in view of the allegation under Section 452 IPC. The main offences alleged against them are bailable under law. What is punishable under Section 452 IPC is house trespass with preparation to cause hurt. It is a matter for decision on trial whether the house trespass alleged in this case comes under Section 452 IPC, or only under Section 451 IPC, as a case of house trespass with intention to cause hurt. The two are different. Any way, the main offences are bailable, it would be appropriate to grant bail to the petitioners.

In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for