Allowed

Ajay Joseph v. State of Kerala

Kerala HC6 Dec 2018Bail Appl./4637/2018

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to accused petitioners in a dowry harassment case (IPC 498A) reported as pending investigation. The Court inclined to grant relief due to a settlement reached between parties via mediation, directing them to appear for interrogation and issue a bond before arrest.

What did the court decide?

Anticipatory bail granted on executing a bond of Rs. 40,000 with two sureties for the like sum each, appearing before IO within 10 days, and not intimidating the complainant.

Ajay Joseph Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

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Bail Appl..No. 4637 of 2018

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CRIME NO.1683/2018 OF ANGAMALY POLICE STATION

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PETITIONER/ACCUSED:

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1 AJAY JOSEPH, S/O. JOSEPH STEPHEN, AGED 30 YEARS, RESIDING AT PARAPPALLIL HOUSE, POYYA P.O, THRISSUR 680 733.

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2 ANNIE AMMA W/O JOSEPH STEPHEN, AGED 56 YEARS, RESIDING AT PARAPPALLIL HOUSE, POYYA P.O, TRISSUR 680 733.

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BY ADV. SRI.B.SAJEEV KUMAR

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

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2 THE SUB INSPECTOR OF POLICE ANGAMALY POLICE STATION, ANGAMALY P.O, PIN 683 572.

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3 RIZA W/O AJAY JOSEPH, AGED 25 YEARS, RESIDING AT PYNADATH HOUSE, KARUKUTTY, ANGAMALY, PADUVAPURAM POST, KOCHI 683 582.

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 4637 of 2018

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O R D E R

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Petitioners are accused in Crime No.1683/2018

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of Angamaly Police Station for offences punishable under Sections 498A, 341, 323, 506(i) read with 34 IPC. The allegation of the prosecution is that the petitioners have harassed the de facto complainant in connection with demand for dowry. Crime was registered and apprehending arrest, petitioners seek bail.

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2. It is reported that pending the

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proceedings, parties have settled the dispute in a mediation in O.P.No.1892/2018 and M.C.No.20/2018. A copy of the mediation settlement is produced before this Court. The parties have agreed to settle the present crime and to quash the criminal proceedings by filing an application under Section 482 Cr.P.C.

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In the light of the settlement arrived at between the parties and in the nature of allegations, I am inclined to grant the benefit of pre-arrest bail to the petitioners.

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Bail Appl..No. 4637 of 2018

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Hence, the anticipatory bail application is

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allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be

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released on bail on each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iii) They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 07/12

Ajay Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajay Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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