IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 1875 of 2009() --------------------------------------- CRIME NO.4/2009 OF S.H.O. KELAKAM PETITIONER/ACCUSED: -------------------------------------- JOSEPH KUZHIKANDATHIL, S/O.DEVASSIA, 55 YEARS, KUZHIKANDATHIL HOUSE, KOTTIYOOR AMSOM DESOM, AMBAYATHODE, THALASSERY TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/COMPLAINANT AND STATE: --------------------------------------------------------------- S.H.O. KELAKAM, REP. BY THE PROSECUTOR, THALASSERY (THROUGH PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM.) SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1875 of 2009 ------------------------------------ Dated this the 29th day of May, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioner is the accused in Crime No.4/2009 of Kelakam Police Station. 2. The offence alleged against the petitioner is under sections 452 and 354 of the Indian Penal Code. 3. The defacto complainant has filed an affidavit along with Criminal M.A No.2935/2009 stating that the matter was settled with the help of mediators and that she was convinced that the accused is innocent. She has also stated that she has no objection in granting anticipatory bail to the petitioner. 4. In view of the settlement between the parties, the learned Public Prosecutor submitted that it is not necessary to arrest the petitioner. Recording the submissions, the Bail Application is closed. K.T. SANKARAN, JUDGE scm