IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 7399 of 2009() ----------------------------- CRIME NO.262/2009 OF WANDOOR POLICE STATION .................... PETITIONER/ACCUSED NO.1 -------------------------------------- K.USMAN, S/O.MUHAMMED, KALARITHODI HOUSE, MULLAL P.O., ALATTIL, WAYANAD DISTRICT. BY ADV. SRI.L.Y.SANGEETH SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7399 of 2009 --------------------------------------------- Dated this the 24th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.262 of 2009 of Wandoor Police Station, Malappuram District. 2. The offences alleged against the petitioner are under Sections 419, 420, 323 and 506(i) of the Indian Penal Code. 3. When the Bail Application came up for hearing on 13.1.2010, the following order was passed: “Heard the learned counsel for the petitioner in detail. After expressing the view that the court is not inclined to grant anticipatory bail, the learned counsel for the petitioner sought a breathing time to enable the petitioner to settle the dispute between him and the de facto complainant. The request is just and reasonable. It is also submitted that to facilitate the settlement, there may be a direction not to arrest the petitioner for a short while. Post on 21.1.2010 for orders. It is submitted by the learned Public BA No.7399/2009 2 Prosecutor that the petitioner will not be arrested till then in connection with Crime No.262 of 2009 of Wandoor Police Station, Malappuram.” 4. The learned counsel for the petitioner submitted that the disputes between the de facto complainant and the petitioner have been settled and that the matter was reported to the police. 5. The learned Public Prosecutor submitted that the de facto complainant has reported that the parties have settled the disputes. It is submitted by the learned Public Prosecutor that in these circumstances, the police have no intention to arrest the petitioner in connection with Crime No.262 of 2009 of Wandoor Police Station. This submission is recorded and the Bail Application is closed. K.T.SANKARAN, JUDGE csl