IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6231 of 2009()
1. XAVI RAPHEL.M, AGED 51 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6231 of 2009
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Dated this the 18th day of December, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the sole
accused in Crime No.549 of 2009 of Thrissur Town East Police
Station.
2. The offences alleged against the petitioner are under
Sections 406, 418 and 420 of the Indian Penal Code.
3. When the Bail Application came up for hearing on 2nd
December, 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 10th and 11th
December, 2009.
Post on 16.12.2009.
It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
BA No.6231/2009 2
until further orders in connection with Crime No.
549 of 2009 of Thrissur Town East Police
Station.”
The petitioner shall produce copy of this
order before the investigating officer.
The investigating officer shall make every
endeavour to ensure the presence of the de facto
complainant so as to afford an opportunity to the
parties to settle the disputes.
4. It is submitted by the learned counsel for the
petitioner that the disputes and differences between the
petitioner and the de facto complainant have been settled
between them.
5. The learned Public Prosecutor submitted that the
de facto complainant also appeared before the investigating
officer and the matter was settled between the parties. He
added that in view of the settlement, it is not necessary to arrest
the petitioner. This submission is recorded and the Bail
Application is closed.
K.T.SANKARAN,
JUDGE
csl
BA No.6231/2009 3
K.T.SANKARAN, J.
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B.A.No.6231 of 2009
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Dated this the 30th day of October, 2009
ORDER
Heard the counsel for quite some time. The learned
BA No.6231/2009 4
counsel for the petitioner submitted that the petitioner would
like to settle the dispute with the de facto complainant.
Post after two weeks.
It is submitted by the learned Public Prosecutor that the
petitioner will not be arrested till the next posting date.
K.T.SANKARAN,
JUDGE
csl