BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SRI. M.R. RAJENDRAN NAIR (SR. ADOVATE HIGH COURT OF KERALA) & SRI P. CHANDRASEKHARA PILLAI (RETD.DIST. JUDGE) WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 5895 of 2009() ---------------------------------- PETITIONERS --------------- 1. K.FRANCIS, S/O.ELIYAS, AGED 63 YEARS, KULATHOOR HOUSE, KOKKAMULLU, KUDIYANMALA P.O., NADUVIL (VIA), THALIPARAMBA TALUK, KANNUR DISTRICT. 2. S.GLADIES, W/O.K.FRANCIS, AGED 55 YEARS, KULATHOOR HOUSE, KOKKAMULLU, KUDIYANMALA P.O., NADUVIL (VIA), THALIPARAMBA TALUK, KANNUR DISTRICT. 3. JULIATE, W/O.SANTHOSH KUMAR, AGED 29 YEARS, KULATHOOR HOUSE, KOKKAMULLU, KUDIYANMALA P.O., NADUVIL (VIA), THALIPARAMBA TALUK, KANNUD DISTRICT. BY ADV. MR.M.C.RATNAKARAN RESPONDENT(S): ------------------ STATION HOUSE OFFICER, POONTHURA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR DR.K.P.SATHEESAN FOR ADDL.R2 SRI.K.K.GOPINATHAN NAIR FOR ADDL R2 SRI.M.R.JAYAPRASAD FOR ADDL.R2 SRI.P.MOHANDAS (ERNAKULAM) FOR ADDL.R2 SRI.MATHEW SUNNY FOR ADDL.R2 THIS BAIL APPLICATION HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 23/12/2009 AND THE PARTIES HAVING SETTLED THE MATTER IN PART. THE FOLLOWING ORDER IS PASSED IN TERMS OF SETTLEMENT. SRI. M.R. RAJENDRAN NAIR (SR. ADVOCATE) AND SRI. P. CHANDRASEKHARA PILLAI (RETD. DISTRICT JUDGE) - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. NO. 5895 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 23RD DAY OF DECEMBER, 2009 O R D E R Parties have settled their disputes out of Court on the following terms and conditions:- 2. Mr. Ferryolus F. Kulathur (husband), Kulathur House, H.No. 11, Kokkammullu, Eruvassi, Kudiyarumala P.O., Kannur District has produced a demand draft No. 734378, dated 20.12.2009 for a sum of Rs.6,00,000/- (Rupees Six lakhs only) payable to Roshni L.S (wife), drawn on State Bank of India, Thaliparambu Branch and payable at State Bank of India, Thiruvananthapuram Branch. This amount covered by the demand draft will be paid to Smt. Roshni L.S in full and final settlement of all her claims made by her in O.P. No.846/2009 pending before the Family Court, Thiruvananthapuram and any future claims regarding maintenance etc., The parties agree to file a joint petition for divorce by mutual consent before the B.A. NO. 5895 / 2009 2 Family Court, Thiruvananthapuram at the earliest, at any rate within 10 days from today and move that Court for dispensing with the statutory time limit for getting the divorce ordered. The parties also agree that the O.P.No.513/2009 for divorce filed by Ferryolus F. Kulathur can be withdrawn to the High Court to be finally disposed on the basis of settlement and for that purpose those matters can be taken up before this Adalat. 3. The defacto complainant in Crime No.348/2009 of Poonthura Police Station namely Smt. L.S. Roshni, who is additional second respondent in this Bail Application No.5895/2009 agrees not to pursue the complaint filed by her which is the basis of Crime No.348/2009 of Poonthura Police Station. She agrees to give appropriate statement before the investigating officer for enabling him to close investigation and make appropriate final report. On the parties or any of them producing before this Adalat divorce decree granted by the Family Court, Thiruvananthapuram in the petition for divorce by mutual consent filed as per the terms of their settlement, the demand draft kept on record will be handed over to Smt. Roshni L.S. The B.A. NO. 5895 / 2009 3 parties agree to appear before the Family Court, Thiruvananthapuram within time stipulated above for filing joint petition for divorce and pray for decree of divorce. In view of the above parties agree to withdraw all rival claims. 4. Post this matter on 14.01.2010 for reporting compliance. Parties can appear through properly instructed counsel. Memorandum of settlement signed by parties and the demand draft produced by Ferryolus F. Kulathur kept on record and are kept in the safe custody with Secretary, Kerala High Court Legal Services Committee. The petitioners in the Bail Application (accused in Crime No.348/2009 of Poonthura Police Station) need not apprehend arrest at this stage because this settlement is being made in presence of Learned Public Prosecutor who agrees to inform the police accordingly. M.R. RAJENDRAN NAIR (SR. ADVOCATE) SRI. P. CHANDRASEKHARA PILLAI (RETD. DISTRICT JUDGE) ss/.