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