Allowed

Deepak Mani v. the State of Kerala

Kerala HC7 Jan 2022Bail Appl./6846/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to three accused in a 498A case following a successful mediation settlement with the de-facto complainant, directing release subject to bond and attendance conditions.

What did the court decide?

Petitioners granted anticipatory bail and directed to be released on bail upon arrest, subject to executing bonds of Rs.10,000 each with sureties and not involving in other crimes.

Deepak Mani Vs the State of Kerala — Matrimonial and Divorce | Kerala HC (2022)

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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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FRIDAY, THE 7^TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943

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BAIL APPL. NO. 6846 OF 2021

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CRIME NO.610 OF 2021 OF ELAMAKKARA POLICE STATION, ERNAKULAM

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DISTRICT

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PETITIONERS/ACCUSED 1 TO 3:

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1 DEEPAK MANI AGED 35 YEARS SON OF T.K. MANI, RESIDING AT THUNDIPARAMBIL HOUSE, CHENANKULANGARA ROAD, CHUTTUPADUKARA, EDAPPALLY P.O, ERNAKULAM DISTRICT - 682024.

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2 T.K. MANI AGED 67 YEARS S/O. KOCHAPPU, RESIDING AT THUNDIPARAMBIL HOUSE, CHENANKULANGARA ROAD, CHUTTUPADUKARA, EDAPPALLY P.O, ERNAKULAM DISTRICT – 682 024.

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3 SUMANA P.B. AGED 56 YEARS, W/O. T.K. MANI, RESIDING AT THUNDIPARAMBIL HOUSE, CHENANKULANGARA ROAD, CHUTTUPADUKARA, EDAPPALLY P.O, ERNAKULAM DISTRICT – 682 024.

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BY ADVS. T.MADHU C.R.SARADAMANI P.R.SHIBU A.SAIN PAUL

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RESPONDENTS/STATE:

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

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2 THE STATION HOUSE OFFICER ELAMAKKARA POLICE STATION, ERNAKULAM DISTRICT - 682026.

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BAIL APPL. NO. 6846 OF 2021

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3 ADDL.R3. AMRUTHA RAJ V. D/O.VIJAYARAJAN, AGED 29 YEARS, DEVI SOORYA HOUSE, THAZHATHUKULAKKADA P.O., KOTTARAKKARA, KOLLAM – 691 507. NOW RESIDING AT SFS IVY, FLAT NO.8B, ADJACENT SFS CYBER PALMS, KARIMANAL.P.O, NH 47 BYPASS ROAD, THIRUVANANTHAPURAM – 695 583. IS IMPLEADED AS ADDL.R3 AS PER ORDER IN CRL.M.A.NO.1 OF 2021 DATED 07.01.2022. BY ADVS. R3 BY ADVS. R.MOHANA BABU M.AJITH (KARICODE)

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R1 TO R2 BY SRI. T.R. RANJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6846 OF 2021

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ORDER

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This is an application for anticipatory bail.

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Petitioners are accused Nos.1 to 3 in Crime No.610 of 2021 of Elamakkara Police Station, Ernakulam District, alleging commission of offence under Section 498A read with Section 34 of the Indian Penal Code. Considering the fact that the disputes between the petitioners and the de-facto complainant are essentially matrimonial disputes, which could possibly be settled by mediation, I had directed the parties to attempt settlement by mediation.

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Today, when the matter is taken up for consideration, it is submitted by the learned counsel for the petitioners that the disputes between the petitioners and the de-facto complainant have been settled by mediation. The Nodal Officer, Ernakulam Mediation Centre has also placed on record the report submitted by the mediator along with the terms of settlement between the parties. The terms of mediation settlement arrived at between the parties (the petitioners herein and the de-facto complainant) are recorded.

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Having regard to the fact that the matter has been

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BAIL APPL. NO. 6846 OF 2021

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settled between the petitioners and the de-facto complainant in the manner indicated above, I am of the view that the petitioners can be granted anticipatory bail.

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In the result, t his bail application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.610 of 2021 of Elamakkara Police Station, Ernakulam District subject to the following conditions:

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(i)Petitioners shall execute bonds for sums of Rs.10,000/- (Rupees ten thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) 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.610 of 2021 of Elamakkara Police Station, Ernakulam District may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Deepak Mani v. the State of Kerala

Case brief

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Deepak Mani v. the State of Kerala

Case brief

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