BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICE COMMITTEE AT ERNAKULAM PRESENT : SRI. M.R. RAJENDRAN NAIR (SENIOR ADVOCATE) AND SRI. K. N. SATHEESAN (RETD. DISTRICT JUDGE) TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 5293 of 2009() ----------------------------------- PETITIONER/ACCUSED ------------------------- JOSHY, AGED 45 YEARS, THANIMALAYIL HOUSE, MUTHALAKKODAM P.O., KOTHAKUTHY, THODUPUZHA. BY ADV. MR.RENJITH B.MARAR MR.L.RAJESH NARAYAN MRS.LAKSHMI.N.KAIMAL RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 22/12/2009, 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. K. N. SATHEESAN (RETD. DISTRICT JUDGE) - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. NO. 5293 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 22ND DAY OF DECEMBER, 2009 O R D E R This is an application under Section 438 of the Code of Criminal Procedure. The applicant and his wife, the defacto complainant/ Sheeba and Mr. Joseph father of Sheeba and Learned Public Prosecutor are present before us. After elaborate discussion regarding the disputes between Mr. Joshy and Sheeba, the defacto complainant Sheeba agreed that she will not pursue the complaint under Section 498 (A) of I.P.C against the petitioner. Petitioner confessed that there was mistakes on his part and he under took not to repeat the same. Mr. Joshy and Sheeba agreed that the criminal complaint which is the subject matter of Crime No.1231/2009 of Thodupuzha Police Station will not be perused. They also agree to have further discussions for settling other disputes regarding maintenance, custody of B.A. NO. 5293 / 2009 2 child etc., and settle those matters. This settlement is recorded and parties are directed to sign. This settlement is recorded accordingly, the petitioner need not apprehend about arrest in Crime No.1231/2009. The defacto complainant agrees to withdraw the complaint. The possibility of reunion between the petitioner and defacto complainant will be discussed and solution arrived at in the next Adalat. Post on 29.01.2010. SRI. M.R. RAJENDRAN NAIR (SR. ADVOCATE) SRI. K. N. SATHEESAN (RETD. DISTRICT JUDGE) ss/.