Kerala High Court
Dileef vs State Of Kerala on 24 November, 2021
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
BAIL APPL. NO. 7708 OF 2021
CRIME NO.781/2021 OF ANCHAL POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED:
SHALU SHARAF
AGED 36 YEARS
S/O. SHARAFUDDIN, VILAYIL PUTHEN VEEDU, THAZHAMEL,
ANCHAL VILLAGE, ANCHAL P.O, KOLLAM DISTRICT.
BY ADVS.
S.RAJEEV
K.K.DHEERENDRA KRISHNAN
V.VINAY
M.S.ANEER
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.781/2021
ANCHAL POLICE STATION, KOLLAM DISTRICT-691 306.)
2 STATION HOUSE OFFICER,
ANCHAL POLICE STATION, (CRIME NO.781/2021
ANCHAL POLICE STATION, KOLLAM DISTRICT-691 306).
3 ADDL.R3.NISA
AGED 28 YEARS
S/O NISSAM, OOTTUKUZHI, CHANDANATHOPU, KOTTANGARA,
CHANDANATHOPU P.O, KUNDARA, KOLLAM - 691 014
IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 20/10/2021
IN CRL.M.A.NO.1/2021 IN BA.NO.7708/2021.
BY ADVS.
R1 & R2 BY SRI. C.N. PRABHAKARAN (SR.PP)
R3 BY SRI.K.SIJU
SMT. ANJANA KANNATH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.11.2021, ALONG WITH Bail Appl..5431/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 7708 & 5431 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA,
1943
BAIL APPL. NO. 5431 OF 2021
CRIME NO.781/2021 OF ANCHAL POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED NOS.2 & 3:
1 DILEEF,
AGED 48 YEARS
S/O.BASHEER RAWTHER, GREEN LAND, THAZHAMEL,
ANCHAL VILLAGE, PUNALUR THALUK, KOLLAM-691 306.
2 SINI.S.,
AGED 41 YEARS
W/O.DILEEF, GREEN LAND, THAZHAMEL, ANCHAL VILLAGE,
PUNALUR THALUK, KOLLAM-691 306.
BY ADV M.R.SASITH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 ADDL.R2.NISA
AGED 28 YEARS
D/O. NISSAM, OOTTUKUZHI, CHANDANATHOPU,
KOTTANGARA, CHANDANATHOPU P.O, KUNDARA, KOLLAM.
IS IMPLAEDED AS PER ORDER DATED 07/10/2021 IN
CRL.M.A. NO.2/2021.
BY ADVS.
R1 BY SRI. C.N. PRABHAKARAN (SR.PP)
R2 BY SRI.K.SIJU
SMT. ANJANA KANNATH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.11.2021, ALONG WITH Bail Appl..7708/2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 7708 & 5431 OF 2021
3
ORDER
The petitioners in these cases are the accused in Crime No.781 of 2021 of Anchal Police Station, Kollam District, alleging commission of offences under Sections 498A and 323 read with Section 34 of the Indian Penal Code.
2. The petitioner in Bail Application No.7708 of 2021 is the 1st accused, while the petitioners in Bail Application No.5431 of 2021 are accused Nos.2 and 3. The de-facto complainant in Crime No.781 of 2021 of Anchal Police Station is the additional 3 rd respondent in Bail Application No.7708 of 2021 and the additional 2nd respondent in Bail Application No.5431 of 2021. Following the proceedings before this Court, the parties were referred to mediation. It is now reported that the parties have entered into a mediation agreement and the report of the mediator has been placed before me. The terms of the mediation agreement dated 12.11.2021 are recorded and will form part of this order. Parties shall comply with the terms of the mediation agreement.
3. Considering the nature of the allegations and considering the fact that the parties have entered into a BAIL APPL. NOS. 7708 & 5431 OF 2021 4 settlement, as is evident from Memorandum of Settlement dated 12.11.2021 following the mediation, I am of the opinion that the bail applications can be ordered granting anticipatory bail to the petitioners.
4. In the result, these applications are allowed and it is directed that the petitioner in Bail Application No.7708 of 2021 and the petitioners in Bail Application No.5431 of 2021 shall be released on bail, in the event of their arrest in connection with Crime No.781 of 2021 of Anchal Police Station, Kollam District, subject to the following conditions:
(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioners shall co-operate with the investigation and appear before the investigating officer in Crime No.781 of 2021 of Anchal Police Station, Kollam District, whenever called upon to do so;
(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto BAIL APPL. NOS. 7708 & 5431 OF 2021 5 complainant or any witness in Crime No.781 of 2021 of Anchal Police Station, Kollam District;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.781 of 2021 of Anchal Police Station, Kollam District, may file an application before the Jurisdictional Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
DK
a ERNAKULAM MEDIAT.ON CENTRE
(JHIGH COURT HALL)
2±±_floor, abov; SBl. High Court buildina, Ernakulam, Kochi -31. EMC/Reg. No,4.¢.thi.\ Dated ...I. \\.\tl From The Nodal Officer, High Court Mediation Centre.
To
n The Registrar Uudicial),
High Court of Kerala.
Ernakulam
Sir,
% ::fb.-R:a::de;:ati'(°:n{d::}r:;::fr:#ai:,:,-eR?He{g::!:i oJf KSepa:a '' {'
report of the Mediator in the matter along with the +,),i\„ The report of the Mediator in the matter along with enclosures is furnished herewith for information and necessary action.
Yours faithfully, Hill
-.=.i.bbi..-
Nodal Officer Emakulam Mediation Centre Ziil Encl: 1. Report of the Mediator, SettlementAgreement.
2. Copy of referral order dated ...i.?..I}|\.{\ .... of the High Court of Kerala.
3. Copy of Petition.J BEFORE TrlE HONouRABLE mGH couRT oF KERALAAT ERNAKULAM BAIL Appi. No. 77o8rao2i Shalu Sharaf Petitioner Vs. State of Kerala & Others : Respondents BAIL APPL. No. 5431/2021 Dileef & Another : Petitioners Vs. State of Kerala & Another : Respondents MEDIATION REPORT UNDER RULE 241310F CIVIL PROCEDURE {AljrERNATlvE I]rspuTE REsoLulTON) RUI.Es 2oo8.
By Tlm MEDIATOR ADV. ZOHRA M.A. Mediated. The matter is settled between the Bail Applicants and Addl. r` Respondent 2/3 as the rest are not necessary parties to the settlement agreement but only formal parties.
Settlement agreement is attached herewith. Dated this the 12th day of November, 2021.
Adv. Zohra M.A. Mediator Emakulam Mediation Centre
--1) ' i_ -E=.
BEFORE TIIE HONOURABLE HIGH COURT 0F KERALAAT ERNAKUI.AM BAIL APPL. No. 7708#021 Shalu Sharaf Petitioner Vs. State of Kerala & Others : Respondents ® BAIL APPL. No. 5431/2021 Dileef & Another Petitioners Vs. State of Kerala & Another Respondents MEMORANDUM OF SETTLEMENT AGREEMENT SIGNED BY PETITIONERS AND ADDITIONAL RESPONDENTS 2/3 The parties to the above Bail Applications has agreed to settle
r) theii. entire disputes including the dispute involved in Crime No.781/2021 of the Anchal Police Station on the following
1)ter#j#tlons..
U ';i:.```,..+ . .. ` Kela\as`ate#:gi``:;;:u.:::,2CK:e:I;`\`;at`°ncen`'. -2-
1. It is agreed by the parties that Nisa, the Addl.3rd respondent in BA.No.7708/2021 and the Addl.2nd respondent in BA.No.5431/2021 pending before this Hon'ble Court is the wife of Shalu Sharaf, the petitioner in BA.No.7708/2021. r` Since the parties are residing separately since 20/11/2018 and have no intention for any reunion, Shalu Sharaf and Nisa, D/o.Nissam have decided to dissolve their marriage by pronouncing Talak as provided under the Muslim Law. That is Talaks will be pronounced and intimated through the Anchal Muslim Jama-ath to Nisa's Jama-ath being Pandinjare Kollam Mavalli Jama-ath and Nisa by registered post acknowledge due by way of Talak through 3 consecutive tuhrs during the period of 5 months fixed for settlement of : .`.:.`,.:i.``.
-. .i-:.-i-:.-:::-:s-`-, Z' ZLZ H .,.i.,r,.*¢.a.¢,`',.;
9,or -3-
2. Toward the settlement of claims for money and ornaments and in lieu of the rights ensuing on divorce as above said, the Bail Applicants agree that an amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) in total will ® be paid through Shalu Sharaf, the petitioner in BA.No.7708/2021 to Nisa, D/o.Nissam within a period of 5 months from today and it is agreed that the Sale Proceeds once obtained earlier the money will be paid even before the agreed period of 5 months. Once the amount is received, Nisa agrees to withdraw OP.No.62/2019 pending before the JFCM, Punalur under the provisions of the Protection of Women from Domestic Violence, Act 2005 and OP.No.865/2019 pending before the Family Court, Kollam for return of money and gold. Nisa also agrees to co-operate with the petitioners fo uashing the Crime No.781/2021 of Anchal Police Station, :..`.:i.i.r`.
3/ Kefal3stat"{liioonatrconca.oationcent„
LJ .`CY+C`r.=rrlll
` " r , -(," ; r,1,,
-4-
filed under Sections 498 A and 323 r/w See 34 of Indian
Penal Code once the settlement terms agreed herein are
complied with by payment of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) to Nisa as agreed herein. Nisa's fumitures r' presently with Shalu Sharaf is agreed to be returned by him to Nisa through parcel service.
3. The permanent custody of the child namely Adam Shaweez born in the Wed Lock between Shalu Sharaf and Nisa is agreed to be with the mother subject to modification between the parties if necessitated in future. a
4. The amount of Rs.35,00,000/-(Rupees Thirty Five Lakhs only) is agreed to be transferred to Nisa's Saving Bank Account Number 39869000389 of the SBI, Thiruvananthapuram Branch within the stipulated period of nths from today. The Account's IFSC is SBIN0070029.
Centrer H`tu£°,U.rt6:'2Koe3rta`a 8 ER
--TT-,,-/ -5- The transfer so made is agreed to be intimated to the concerned Counsels to enable report of the implementation of the terms incorporated so that further steps to withdraw the original petitions mentioned above and to quash the r\ Crime No.781/2021 can be proceeded with.
Hence, this Hon'ble Court may be pleased to record this settlement agreement and dispose off the above Bail Applications accordingly in the interest of justice.
Dated this the 12th day of November, 2021.
Petitioner 3rd Respondent
T|
1. Shalu Sharaf
# NLsa cur
3.Sini.S giv
twex<#\„474
C a c; ry ` E L
`€`ovi Qr=spo rri)€ri
c a 6 Iv se L A` o67\no„EAS.
. k.(cD
*e,a,as,.le:,gig;,uF#cK:;,,,:a"oncen\T® L FeeGyRm ,5£€LFR:L„#G iiS