The High Court of Kerala allowed a bail application under Section 438 Cr.P.C. despite the offencess being non-compoundable, noting that the matter had been settled by the parties in an Adalath.
Grant of anticipatory bail on condition of executing a bond for Rs. 30,000 with two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 1772 of 2019
CRIME NO. 188/2019 OF Varkala Police Station , Thiruvananthapuram
PETITIONER/S/ACCUSED:
SHAN M.S. AGED 48 YEARS S/O SUBAIR, M.S. VILLA, KALATHARA, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.M.L.SURESH KUMAR
RESPONDENT/S/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 ADDL.R2 AJMAL S/O AJEES, ASEENA MANZIL, THAZHE VETTOOR, VETTOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695141. ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 8/4/2019 IN CRL.MA 1/2019.
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1772 of 2019
2
O R D E R
The petitioner is the accused in Crime No.188 of
2019 of Varkala Police Station registered for the offences
punishable under Sections 294 (b), 417, 468, 471 and 420 IPC.
Section 438 Cr.P.C.
has been submitted by the learned Counsel for the petitioner and also the learned Public Prosecutor that the matter has been settled by the parties. Mediation agreement, settling the matter, has been also received by this Court. The learned Counsel for the petitioner has
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Bail Appl..No. 1772 of 2019
submitted that the petitioner proposes to file application before this Court to quash the proceedings against the petitioner, as the offences alleged are not compoundable. Considering the facts and circumstances of the case, including the fact that the matter has been settled in Adalath, I am of the view that an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.
In the result, this application stands allowed and the first respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No. 188 of 2019 of Varkala Police Station on condition of the petitioner executing a bond for Rs.30,000/-(Rupees Thirty Thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Varkala Police Station, before whom the petitioner shall
Bail Appl..No. 1772 of 2019
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surrender within ten days, if not arrested in the meantime and subject to the following further conditions:
(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.
(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
(iii) The petitioner shall not get involved in any other offence during the pendency of this case.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/20.05.2019
1 issue framed by the court
Whether anticipatory bail should be granted despite the non-compoundable nature of the offences given the settlement reached in Adalath.
2 provisions across 2 enactments
SHAN M.S.
STATE OF KERALA
AJMAL S/O AJEES
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
