IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6338 of 2009() ----------------------------------- CRIME NO. 357/2009 OF ERUMAPPETTY POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------- SATHYABHAMA AGED 38 YEARS, W/O. MOHANAN, MANALADI VARIAM, ATTOR, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6338 of 2009 ------------------------------------ Dated this the 16th day of November, 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 accused No.1 in Crime No.357/2009 of Erumappetty Police Station. 2. The offences alleged against the petitioner are under Sections 419 and 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 04.11.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 9th and 10th November, 2009. Post on 16.11.2009. B.A. No. 6338 of 2009 2 The investigating officer will make every endeavour to see that the de facto complainant and other aggrieved persons appear before him, so that an attempt could be made to settle the dispute. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.357/2009 of Erumappetty Police Station. The petitioner shall produce copy of this order before the investigating officer. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 04.11.2009. The learned Public Prosecutor submitted that the de facto complainant also appeared before the investigating officer and they have settled the disputes with each other. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release B.A. No. 6338 of 2009 3 him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln