IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 5035 of 2009() ----------------------------- CRIME NO.483/2009 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- M.S.UNNIKRISHNAN, AGED 35 YEARS, S/O.SUKUMARAN, MAKKAT HOUSE, MALAPARAMBA P.O., KOZHIKODE - 673 009. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5035 of 2009 --------------------------------------------- Dated this the 22nd day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.483 of 2009 of Medical College Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 406 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 9th October 2009, the following order was passed: “The petitioner apprehends arrest in Crime No.483 of 2009 of Medical College Police Station, Kozhikode. The offence alleged against the petitioner is under Section 406 of the Indian Penal Code. The petitioner is a Police Constable. The defacto complainant's daughter is a typist in the office of the Assistant Commissioner of Police. The allegation is that a gold chain belonging to the defacto complainant's daughter is in the possession of the petitioner and contrary to the promise, he has not returned the gold chain. In the facts and circumstances of the case, the following directions are issued: The petitioner shall appear before the Sub BA No.5035/2009 2 Inspector of Police, Medical College Police Station, Kozhikode on 17th and 18th October 2009 at 9 A.M. The Sub Inspector of Police shall secure the presence of Raziya, the daughter of the defacto complainant, at the time when the petitioner is present, so that the possibilities of an amicable settlement could be explored. Post on 22nd October 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.483 of 2009 of Medical College Police Station, Kozhikode till then.” The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction in the order dated 9th October 2009. The learned Public Prosecutor also submitted that the defacto complainant also had appeared before the investigating officer and the matter was settled between the parties. It is also submitted a report to that effect will be filed before court. The learned Public Prosecutor submitted that in view of the subsequent developments, the investigating officer has no intention to arrest the petitioner. This submission is recorded and the Bail Application is closed. K.T.SANKARAN, JUDGE csl BA No.5035/2009 3 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5035 of 2009 --------------------------------------------- Dated this the 9th day of October, 2009 ORDER The petitioner apprehends arrest in Crime No.483 of 2009 BA No.5035/2009 4 of Medical College Police Station, Kozhikode. The offence alleged against the petitioner is under Section 406 of the Indian Penal Code. The petitioner is a Police Constable. The defacto complainant's daughter is a typist in the office of the Assistant Commissioner of Police. The allegation is that a gold chain belonging to the defacto complainant's daughter is in the possession of the petitioner and contrary to the promise, he has not returned the gold chain. In the facts and circumstances of the case, the following directions are issued: The petitioner shall appear before the Sub Inspector of Police, Medical College Police Station, Kozhikode on 17th and 18th October 2009 at 9 A.M. The Sub Inspector of Police shall secure the presence of Raziya, the daughter of the defacto complainant, at the time when the petitioner is present, so that the possibilities of an amicable settlement could be explored. Post on 22nd October 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.483 of 2009 of Medical College Police Station, Kozhikode till then. K.T.SANKARAN, JUDGE BA No.5035/2009 5 csl Hand over copy to both sides.