IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6339 of 2009() ----------------------------- CRIME NO.140/2008 OF MEDICAL COLLEGE POLICE STATION .................... PETITIONERS (S): ACCUSED 1 & 2 -------------------- 1. SURA P.B., AGED 41 YEARS, S/O.LATE BALAN 2. RINI, AGED 39 YEARS, W/O.SURA (BOTH ARE RESIDING AT DEEPAM, NAMBIPARAMBATH HOUSE KOOTTOLI P.O., KOZHIKODE DT.) BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 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 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6339 of 2009 --------------------------------------------- Dated this the 25th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.140 of 2008 of Medical College Police Station, Kozhikode District. 2. The offence alleged against the petitioners is under Section 420 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 4.11.2009, the following order was passed: “The learned counsel for the petitioners sought time to get instructions as to whether the petitioners are willing to settle the dispute with the de facto complainant. Post after two weeks. The learned Public Prosecutor submitted that the petitioners will not be arrested in connection with Crime No.140 of 2008 of Medical College Police Station, Kozhikode till then.” 4. The learned counsel for the petitioners submitted that BA No.6339/2009 2 the disputes between the petitioners and the de facto complainant have been settled. Crl.M.A.No.6522 of 2009 is filed to accept the petition, signed by the accused as well as the de facto complainant. I think it is not necessary to deal with the application in this Bail Application. At the same time, I am inclined to grant anticipatory bail to the petitioners on the ground that the matter is settled between the parties. Accordingly, there will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. BA No.6339/2009 3 The Bail Application is allowed to the extent indicated above. The Registry shall return the compounding petition filed along with the Bail Application to the petitioners after retaining a photocopy in the file. K.T.SANKARAN, JUDGE csl BA No.6339/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.6339 of 2009 --------------------------------------------- Dated this the 4th day of November, 2009 ORDER The learned counsel for the petitioners sought time to get instructions as to whether the petitioners are willing to settle the dispute with the defacto complainant. Post after two weeks. The learned Public Prosecutor submitted that the petitioners will not be arrested in connection with Crime No.140 of 2008 of Medical College Police Station, Kozhikode till then. K.T.SANKARAN, JUDGE csl BA No.6339/2009 5