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Crime No. 410/2017 Of Alakode … vs Prince Augustine on 28 September, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

THURSDAY, THE 7TH DAY OF DECEMBER 2017/16TH AGRAHAYANA, 1939

Bail Appl.No. 6145 of 2017 ()
——————————-

CRIME NO. 410/2017 OF ALAKODE POLICE STATION, KANNUR

PETITIONER/ ACCUSED :
———————

PRINCE AUGUSTINE
AGED 25 YEARS, S/O.AUGUSTIN,
PUTHUKUNNEL HOUSE, VAYATTUPARAMBU P.O.,
KARUVANCHAL, KANNUR DISTRICT,

BY ADVS.SRI.JUSTINE JACOB
SRI.K.S.ARUN KUMAR
SMT.RESMI THOMAS
SRI.P.A.VIBIN

RESPONDENT/ COMPLAINANT :
————————-

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

* ADDL.R2 IMPLEADED

NEENU JOSE, DAUGHTER OF JOSE,
AGED 20 YEARS, PUTHENPURAYIL (H),
VELLADU (P.O.), VELLADU,
KANNUR

* ADD.R2 IS IMPLEADED AS PER THE ORDER DATED 28.09.2017
IN CRL.M.A.NO.10095 OF 2017.

BY PUBLIC PROSECUTOR SRI. K.B. UDAYAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RKM

ANNIE JOHN, J.
———–
B.A. No.6145 of 2017
——————-
Dated this the 7th day of December, 2017

ORDER

Petitioner, apprehending arrest, has filed an application for

anticipatory bail under Section 438 of the Code of Criminal Procedure, in

Crime No. 410 of 2017 of Alacode Police Station, Kannur District

registered for the offences punishable under section 498A of the Indian

Penal Code. The case was registered on the basis of a private compliant

filed by the wife of the petitioner and the Judicial First Class Magistrate

Court, Thaliparamba has forwarded the complaint under Section 156(3)

of the Cr.P.C. and accordingly the crime was registered. According to the

petitioner, he is innocent and there is a chance for settlement. The wife

of the petitioner was impleaded as additional 2nd respondent. The 2nd

respondent has not appeared before this Court and in fact this crime is

registered at Kannur District and normally the wife will not able to

approach this court. Now, there is a settled principle that liberal

approach has to be taken in a case which comes under Section 498A of

the I.P.C. Normally the lower court used to take a very liberal approach

while considering the bail application moved under Section 498A of the

I.P.C. It has also submitted by the learned counsel for the petitioner

B.A. No.6145 of 2017

2

that there is every likelihood of settlement of the matter. So

he suggested for a mediation.

Considering the above facts, I dispose of the bail

application as follows :-

“Petitioner shall approach the concerned Judicial First

Class Magistrate Court, Kannur to move the bail application and

the Court shall consider the possibility of having a settlement

through mediation and dispose of the same accordingly.”

Sd/-

ANNIE JOHN
JUDGE

True Copy

PA to Judge

RKM

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