Allowed

Ajith v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./7220/2021

Case brief

AI extract

What is this about?

This bail application arose from allegations under Section 498A and Section 34 IPC. The Court noted that the parties had settled their disputes through mediation. Consequently, the application for anticipatory bail was allowed.

What did the court decide?

Application allowed; petitioners directed to be released on bail subject to execution of bond with sureties, appearance upon summons, compliance with mediation terms, and no involvement in other crime

Ajith Vs State of Kerala — Domestic Violence | Kerala HC (2021)

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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 GOPINATH P.

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WEDNESDAY, THE 22ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943

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BAIL APPL. NO. 7220 OF 2021

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CRIME NO.711/2021 OF Chengamanad Police Station, Ernakulam
AGAINST THE ORDER IN CRMC 1410/2021 OF SESSIONS COURT, ERNAKULAM

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PETITIONER/ACCUSED:

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1AJITH, AGED 32 YEARS
S/O.INDRANUJAN NAIR, PARAYATH HOUSE, NORTH ADUVASSERY
KARA, KUNNUKARA VILLAGE, SOUTH ADUVASSERY P.O., PIN-
683578, PARAVUR TALUK, ERNAKULAM DISTRICT.

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2 INDRANUJAN NAIR, AGED 68 YEARS S/O.NARAYANAN NAIR, PARAYATH HOUSE, NORTH ADUVASSERY KARA, KUNNUKARA VILLAGE, SOUTH ADUVASSERY P.O., PIN683578, PARAVUR TALUK, ERNAKULAM DISTRICT.

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3 OMANA, AGED 64 YEARS, W/O.INDRANUJAN NAIR, PARAYATH HOUSE, NORTH ADUVASSERY KARA, KUNNUKARA VILLAGE, SOUTH ADUVASSERY P.O., PIN-683578, PARAVUR TALUK, ERNAKULAM DISTRICT.

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4DHANYA, AGED 38 YEARS
D/O.INDRANUJAN NAIR, PARAYATH HOUSE, NORTH ADUVASSERY
KARA, KUNNUKARA VILLAGE, SOUTH ADUVASSERY P.O., PIN-
683578, PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADV DENU JOSEPH

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RESPONDENTS/COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY (STATION HOUSE OFFICER, CHENGAMANAD
POLICE STATION), THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.

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2 ADDL.R2 REVATHY, D/O RADHAKRISHNAN NAIR, VISHNU BHAVAN, CUSAT P.O, THRIKKAKKARA, ERNAKULAM PIN-682022. IS SUO MOTU IMPLEADED AS ADDL.R2 AS PER ORDER DATED 12/11/2021 IN BA.7220/2021.

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BY ADVS.

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LITTO VARGHESE PALATHINKAL
M.M.BABY
ANJANA JOSHI
BILAL SHAMSUDEEN
SHIFAS ALI K.A
SRI. NAUSHAD K.A., SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7220 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.711/2021 of Chengamanad police station, alleging commission of offences under Section 498A r/w. Section 34 of the Indian Penal Code.

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Today, when the matter is taken up for consideration, learned counsel appearing for the petitioners submitted that the parties have amicably settled all disputes through mediation and report of mediation is placed before me. The fact of settlement is not disputed by the learned counsel appearing for the de facto complainant.

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Considering the fact that the petitioners and the de facto complainant have settled their disputes through mediation, I am of the opinion that anticipatory bail can be granted to the petitioners subject to conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.711/2021 of Chengamanad police Station subject to the following conditions:-

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(i) Petitioners shall execute separate bonds for sums of

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BAIL APPL. NO. 7220 OF 2021 3

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Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioners shall appear before the investigating officer in Crime No.711/2021 of Chengamanad Police station as and when summoned to do so;

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(iii) The parties shall comply with the terms of the mediation settlement.

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(iv) The petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.711/2021 of Chengamanad police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Ajith v. State of Kerala

Case brief

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Ajith v. State of Kerala

Case brief

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