Kerala High Court
Remany K vs State Of Kerala on 6 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024: KER: 67969 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 6" DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946 BAIL APPL. NO. 2100 OF 2024 CRIME NO.976/2023 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM PETITIONER: REMANY K, AGED 58 YEARS W/O MOHANAN NAIR, OLIKKAVILVEEDU, POONKODU, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 P.C.CHACKO, CHARUVILA PUTHEN VEEDU, ALAYAMON, ALAYAMON P.O., COLLEE JUNCTION, KOLLAM DISTRICT, PIN: 691306, IS IMPLEADED AS ADDL. R2 AS PER ORDER DATED 31/67/2024 IN CRL.M.A. 1/2024. BY ADVS. V.PREMCHAND A.T.Anilkumar V.SHYLAJA HALIYA T.P. MAHADEV #M.J. SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.69.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BAIL APPL. NO. 2100 OF 2624 2024: KER: 67969 Dated this the 6" day of September, 2024 ORDER
The application is filed under Section 438 of the Code of Criminal Procedure,1973 ( 'Code', for short) for an order of pre-arrest bail.
2. The petitioner is the first accused in Crime No.976/2023 of the Chadayamangalam Police Station, Kollam, which is registered against the accused for allegedly committing the offence punishable under Section 420 r/w Section 34 of the Indian Penal Code (for shoit, IPC).
3. Heard; Sri.K.V. Anil Kumar, the learned counsel appearing for the petitioner, Sri.C.S.Hrithwik, the learned Senior Public Prosecutor and Sri.V.Premchand, the learned counsel appearing for the additional second respondent/de facto complainant.
9. Today, when the application was taken up for consideration, the learned counsel appearing for BAIL APPL. NO. 2100 OF 2024 2024: KER: 67969 the parties submitted that the subject matter in dispute between the parties has been settled as per the Memorandum of Settlement Agreement dated 30.8.2024, signed by the parties and counter signed by the respective counsel. Therefore, the second respondent has no objection in the petitioner being granted an order of pre-arrest bail. The said submission is recorded.
"6. Onan anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on _ record, particularly on considering the fact that the subject matter in dispute between the parties has been settled as per the Memorandum of Settlement Agreement referred to above , Iam of the firm view that the petitioner's custodial interrogation is not necessary. Hence, I hold that the petitioner is entitled to an order of pre- arrest bail; but subject to the condition that the petitioner co-operates with the Investigating Officer. BAIL APPL. NO. 2100 OF 2024 2024: KER: 67969 In the result, the application is allowed subject to the following conditions:
(i) The petitioner is directed to surrender before the Investigating Officer within 10 days from today.
(ii) In the event of the petitioner's arrest, the Investigating Officer shall release the petitioner on bail on her executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties for the like amount each;
(iii) The petitioner shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer.
(iv) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
BAIL APPL. NO. 2100 OF 2024 2024: KER: 67969 {v) The petitioner shall surrender her passport before the jurisdictional court concerned within a period of one week from the date of her release on bail. If she has no passport, she shall file an affidavit to the effect before the said court within the said period;
(vi)The petitioner shall not get involved in any other offence while on bail;
(vii) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
(viii)Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(ix) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect BAIL APPL. NO. 2100 OF 2024 2024: KER: 67969 recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) And another [2020 (1) KHC 663].
(x) The observations made in this order are only for the purpose of considering the application and the same shall not be construed as an expression on the merits of the case to be decided by competent Courts.
(xi) The copy of the Memorandum of Settlement Agreement shall be appended to the order.
SD/-
C.S.DIAS, JUDGE rmm/6.9.2024 wy) _ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL}.
om "fioor, above SEI, sigh Cour Busaing, Emakiutam, Kochl-32- cepssase 2562230) EMCiRieg No.. Fe las2y wo a - -- o, Dated 2 By From. toe Boe The Nodal. Officer, eS eo HIGH, 'Court Mediation Centre. we ~ sThe Registrar Gudidel) BS ror : " High Court of Kerala, Emakulam. tae Sub : 'Mediation of case referred by the 2 Hon'ble High Court of Kerala - _ reg., ; Ref: " Referral. @ ins, - wha Ppp la. Ss sural toe we oe "dated any on ot the enero High Court of Kereta " Yam to forward herewith Report of the Mediator in the matter along :
'with the snélosures for infarmation and necessary 2 action, . ?
oY "Yours Falthfuly, a eo "Nodal --
Loe ee Emakuiam Mediation Contre " Enel: 4, Report of the Mediator, Settement ' 2. Copy cf the referral ofder dated! ee of the High Court of Kerala. 3B copy of of the Petition: yo, ; BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Bail Application No. 2100 of 2024 Remany .K. | , Petitioners Vs. State of Kerala & Anr. : Respondents REPORT SUBMITTED BY THE MEDIATOR ADV. ZOHRA M.A. Mediated, matter is settled. Compromise Petition is attached herewith. Dated this the 30" day of August, 2024. Me vey Adv. Zohra M.A. Mediator High Court Mediation Centre BEFORE THE HONOURABLE HIGH COURT OF KERALA AT. ERNAKULAM Bail Application No. 2100 of 2024 Remany .K. : Petitioners Vs. State of Kerala & Anr. : Respondents MEMORANDUM OF AGREEMENT UNDER RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
The parties agree to settle the dispute involved in the above matter arising from a money transaction leading to institution of Crime No.976/2023 of Chadayamangalam Police Station, Kollam between the petitioner as accused and P.C.Chacko as the defeacto complainant on the following terms and conditions:-
|.it is agreed that the real parties to the above case is the applicant in the above Bail Application and the 2™ respondent, defacto complainant, and the State being a formal party is not a party to this settlement and hence not a signatory herein.
2.It is agreed by the petitioner that she owes an amount of Rs.13,50,000/-
(Rupees thireteen lakhs fifty thousand only) to the defacto complainant and that she will return it within a period of 6 months from today in equal installments. She agrees that the 1* installment of Rs.3,50,000/-(Rupees three lakhs fifty thousand only) will be paid on or before 21/11/2024 and the balance in 3 equal monthly installments and the 2" installment will be paid on or before 21-12-2024 and 3™ installment will be paid on 21-1-2025 and the 4th & final installment will be paid on or before 21-02-2025 which is agreeable to the defacto complainant.
Applicant Respondent Ne 2 Remany K. P.C.Chacko pf. ¢, foals EEDIAy Or WS a l= Ch, Ve ma \s, I (2)
3.It is agreed by the parties herein that a Crl.MC.for quashing the crime can be initiated by the applicant herein after payment of the entire amount of Rs.13,50000/-(Rupees thirteen lakhs fifty thousand only) as above stated, for which necessary affidavit is agreed to be filed by the defacto complainant.namely P.C.Chacko.
4.0n default of payment as above stated, the applicant will be liable to pay the amount with interest from 5/9/2022 the original date of transaction at 12% interest and costs of realisation of the amount and the crime also is agreed to be proceeded with.
t Hence it is humbly prayed that this Hon'ble Court may be pleased to dispose of the above matter recording this compromise as part of this Hon'ble Court's Judgment, in the interest of justice.
Dated this the 30th day of August, 2024.
Applicant | Respondent No- 2.
Remany K. ° P.C.Chacko p -¢.- chee NG * Counsel for the Applicant OV NIL KUMAR K 1233 | >220 Zohra M.A (Mediator)