IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 4975 of 2009() ----------------------------- CRIME NO.1183/2009 OF KALAMASSERY POLICE STATION .................... PETITIONERS : ACCUSED 1 & 2 ------------------------------------------- 1. SAJI XAVIER, S/O.JOHN, AGED 36 YEARS, ARAKKAL HOUSE, ELAMAKKARA, KOCHI-26. 2. K.P.PUSHPANGADHAN, S/O.PARAMU, AGED 43 YEARS, KAVUNGUMKOOTTATHIL HOUSE, ELAMAKKARA, KOCHI-26. BY ADV. SRI.K.R.VINOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4975 of 2009 --------------------------------------------- Dated this the 11th day of January, 2010 ORDER When the Bail Application came up for hearing on 6th January, 2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioner are the accused in Crime No.1183 of 2009 of Kalamassery Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 326 and 447 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that the disputes and differences between the parties have been amicably settled. 4. Taking into account the facts and circumstances of the case, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 8.1.2010. 5. Post on 11.1.2010. 6. The undertaking not to arrest the petitioners will continue to be in force till then. The petitioners shall produce a copy of this order before the investigating officer.” It is submitted that the disputes and differences between the parties were settled. The learned Public Prosecutor submitted that in the facts and circumstances, there is no BA No.4975/2009 2 intention to arrest the petitioners. This submission is recorded and the Bail Application is closed. K.T.SANKARAN, JUDGE csl