IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 5276 of 2008() ------------------------------------- CRIME NO.473/2008 OF WADAKKANCHERRY POLICE STATION .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- SRI. SHANAVAN, C.M., S/O MOHAMMED SHERIF CHENOTHUPARAMBIL, THEKKUMKARA DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENT/COMPLAINANT: --------------------------------------------- THE SUB INSPECTOR OF POLICE, WADAKKANCHERRY, WADAKKANCHERRY, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BEEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5276 of 2008 ------------------------------------ Dated this the 22nd day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.473/2008 of Wadakkancherry Police Station. 2. The offences alleged against the petitioner are under Sections 313 and 498 A of the Indian Penal Code. 3. When the Bail Application came up for hearing, the matter was referred to the Lok Adalath. After several postings before the Lok Adalath, the parties settled the matter. The Lok Adalath passed an order dated 20/8/2009, which reads as follows: “ In compliance of the order dated 10/12/2008 a sum of Rs.2,95,000/-(Rupees two lakh ninety five thousand only) and gold worth ten sovereigns have been handed over by the petitioner to the defacto complainant before us and the defacto complainant has accepted the same. Further it has been agreed by both the parties that certain furniture and articles B.A. No.5276 /2008 2 which are in the custody of the petitioner has to be transported at his expenses to the house of Sri. H.S. Khan, uncle of the defacto complainant, on the next Sunday i.e. 23.08.2009 before 6 p.m. Petitioner has also stated before us that he has divorced the defacto complainant by declaring triple Talaq and the defacto complainant who is present has accepted the same. It has been agreed that the defacto complainant will take steps to withdraw the connected matters pending before the Family Court, Trissur including lifting the attachment in O.P.No.1196/2008 and Crime No.473/2008 of Wadakkancherry Police Station pending before the JFCM, Wadakkancherry, Trissur, by producing copy of this order within two weeks from today. It has been made clear that all the disputes between the parties including the maintenance has been settled by this order and there shall not be any claim from either side. For further orders the matter is immediately sent back to the Court.” B.A. No.5276 /2008 3 4. In view of the settlement of the dispute between the parties, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm