Allowed

Bibin Lorenz v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./7861/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner accused of cheating and assault. The court granted bail after being satisfied that the dispute with the de facto complainant was successfully settled through mediation.

What did the court decide?

The petitioner is released on bail subject to execution of a bond with sureties, appearance before the investigating officer, compliance with mediation settlement, and no involvement in other crimes.

Bibin Lorenz Vs State of Kerala — Matrimonial and Divorce | 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. 7861 OF 2021

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CRIME NO.1829/2021 OF Kadinamkulam Police Station,

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Thiruvananthapuram

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PETITIONER/ACCUSED:

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BIBIN LORENZ
AGED 31 YEARS
S/O. LORENZ, ANI HOUSE, ARTHIYIL PURAYIDOM,
PUTHUKURICHY P.O., KADINAMKULAM VILLAGE,
THIRUVANANTHAPURAM.
BY ADV M.DINESH

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RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.

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2ADDL.R2 SIMI V.S
AGED 29 YEARS
D/O. VARGHESE, ARATHIYIL PURAYIDATHIL, KADINAMKULAM
VILLAGE, PUTHUKURICHI. P.O., MARIYANAD DESOM,
THIRUVANANTHAPURAM DISTRICT. IS IMPLEADED AS ADDL R2 AS
PER ORDER DATED 18.11.2021 IN CRL.M.A.1/2021.
BY ADV M.SASINDRAN
SRI. NAUSHAD K.A, SR. P.P

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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. 7861 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.1829/2021 of Kadinamkulam police station, Thiruvananthapuram district, alleging commission of offences under Sections 323, 324 and 420 of the Indian Penal Code.

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The allegation against the petitioner is that, the petitioner solemnised a marriage with the de facto complainant on 14.12.2020 and thereafter, he harassed the de facto complainant mentally and physically and also borrowed certain amounts of money from the de facto complainant with the intention to cheat her. It is also alleged that the marriage was a sham one and the marriage agreement entered into was only for the purpose of cheating the de facto complainant.

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Considering the nature of allegations against the petitioner, I had directed the petitioner to implead the de facto complainant as a party to these proceedings. Thereafter, I directed the petitioner and the de facto complainant to attempt to settle the matters through mediation.

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When the matter is taken up for consideration today,

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BAIL APPL. NO. 7861 OF 2021 3

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it is submitted by the learned counsel appearing for the petitioner that the matter has been successfully settled through mediation and that all disputes between the petitioner and the de facto complainant will stand settled on the petitioner paying to the de facto complainant an amount of Rs.5,00,000/- (Rupees five lakhs only) on or before 15.03.2022. The memorandum of settlement entered into between the parties has been placed before me. This is recorded.

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Considering the nature of the allegations against the petitioner and also considering the fact that the issues between the petitioner and the de facto complainant have been settled, I am of the opinion that anticipatory bail can be granted to the petitioner subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No..1829/2021 of Kadinamkulam police Station subject to the following conditions:-

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

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BAIL APPL. NO. 7861 OF 2021 4

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(ii) Petitioner shall appear before the investigating officer in Crime No.1829/2021 of Kadinamkulam Police station as and when summoned to do so;

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(iii) The petitioner shall comply with the terms of the mediation settlement;

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(iv) The petitioner 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. 1829/2021 of Kadinamkulam police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Bibin Lorenz v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bibin Lorenz v. State of Kerala

Case brief

What is this about?

What did the court decide?

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