IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 209 of 2010 CRIME NO.719 OF 2009 OF MANNUTHY POLICE STATION, THRISSUR DISTRICT. PETITIONERS : ACCUSED NSO.1 & 3: ------------------------------- 1. E.B.PRASANTH, S/O,.BHASKARAN ERAVIMANGALATH HOUSE, P.O.NADATHARA, MOORKKANIKARA DESOM, THRISSUR DISTRICT. 2. UDAYAKUMAR, S/O.CHANDRAN KODAKARA VEETTIL, VELUR PO, TALAPPILLY TALUK. BY ADV. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL RESPONDENTS: COMPLAINANT & STATE: --------------- 1. THE SUB INSPECTOR OF POLICE MANNUTHY POLICE STATION, THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.209 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 O R D E R The petitioners, namely, E.B.Prasanth and Udayakumar apprehend arrest in Crime No.719 of 2009 of Mannuthy Police Station registered for the offences under Sections 498A and 406 read with Section 34 of the Indian Penal Code. 2. The learned Public Prosecutor submitted that the second petitioner was deleted from the array of accused and the first petitioner is the first accused. 3. The de facto complainant is the wife of the first petitioner/first accused. It is stated that the matter was settled between the parties before the Adalath and an award was passed. As per the terms of the award, the petitioner had to pay a sum of Rs.2 lakhs to his wife in full and final settlement of all the claims and maintenance, value of ornaments etc. It is submitted that the petitioner has paid the amount to his wife. In these circumstances, the learned Public Prosecutor submitted that if the petitioner has complied with the terms of the award, he would not be arrested in connection with Crime BA No.209/2010 2 No.719 of 2009 of Mannuthy Police Station. The submission made by the learned Public Prosecutor is recorded and the Bail Application is accordingly closed. K.T.SANKARAN, JUDGE csl BA No.209/2010 3 K.T.SANKARAN, J. --------------------------------------------- Crl.M.A.No.1528 of 2010 in B.A.No.209 of 2010 --------------------------------------------- Dated this the 22nd day of March, 2010 O R D E R This is an application to accept Annexures A3 and A4. It is stated that the matter is settled between the parties. The order dated 3rd March, 2010 was passed in the Bail Application wherein mention is made about the settlement on payment of Rs.2 lakhs. The present application does not state anything as to whether the first petitioner had paid Rs.2 lakhs to his wife. Annexures A3 and A4 affidavits also do not mention anything about the payment or acceptance of the same in full and final settlement of the claim. Moreover, Annexures A3 and A4 are not the originals of the affidavits. Therefore, Crl.M.A.No.1528 of 2010 is dismissed. K.T.SANKARAN, JUDGE csl BA No.209/2010 4