This court disposed of a bail application under Section 438 Cr.P.C. It allowed the application after noting that the matter had been settled amicably and the de facto complainant had no objection to granting bail.
Anticipatory bail allowed; applicant directed to surrender within two weeks; release on bail if arrested against surety bond of Rs.50,000.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
Bail Appl..No.4309 OF 2020
CRIME NO.1270/2019 OF Kaduthuruthi Police Station , Kottayam
PETITIONER/S:
MARY SUNESH AGED 59 YEARS W/O.SUNESH, PULIKKAL HOUSE, THRIKKAKARA P.O., KAKKANAD, ERNAKULAM DISTRICT. 682021
BY ADV. SRI.SREEKANTH S.NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, KADUTHURUTHI POLICE STATION, KOTTAYAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 682031
2 ADDL.R2 VIJAYAN AGED 68 YEARS S/O. KRISHNAN, CHIRAKKAPPARAMBIL HOUSE. EZHUMANTHURUTH KARA, MUTTICHIRA VILLAGE, VAIKOM TALUK, KADUTHURUTHI KOTTAYAM, KERALA, PIN 686604. IS IMPLEADED AS PER ORDER DATED 13/08/2020 IN CRL.M.A.NO.1/2020
R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.JOBI.A.THAMPI
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4309 OF 2020 2
O R D E R
Dated this the 19th day of November 2020
Application for anticipatory bail under Section 438 of Cr.P.C.
The learned counsel appearing for the applicant and also the learned counsel appearing for the de facto complainant submits that the matter has been settled amicably between them and they are in the process of taking steps to compound the offences. Hence, the de facto complainant has no objection in granting bail to the applicant.
In the result, the application is allowed and the applicant is directed to surrender before the investigating officer, within two weeks. In the event of her being arrested, she shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer on condition that she may appear before the investigating officer as and when called for.
SD/- ASHOK MENON
JUDGE
rmm
1 issue framed by the court
Whether anticipatory bail should be granted when the applicant has settled the matter amicably and the de facto complainant consents.
1 provisions across 1 enactments
Mary Sunesh
State of Kerala
Vijayan
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
