Kerala High Court
Paul @ Danty vs State Of Kerala on 20 December, 2024
BATE ABEL. NO. S566 eq BRET OF BO4
ES
iN TRE HIGH COURT OF RERALA AT ERNARULAM
PRESENT
THE HONQGURABLE MR. JUSTICE PB. Vv RUNETERISHNAN
FRIDAY, THE 2oTH DAY OF DECEMBER 2024 / 29TH AGRABAYANA, 1946.
BAIL APPL. NO. S566 OF 2024
PAUL @ DANTY,
AGED 75 YEARS
S/O OUSEPH, KARIPPAI ROUSE, KUTTIKAD P.O, THRISSUR
DITSRITCT, PIN - SBOTZ4
BY AVS.
RAPRAEL TRERKAN
T.SATI RAPREL
CHRISTINE MATEEW
ABESH ALOSIOUS
RESPONDENTS /STATE-COMPLATNANT -
RERALA, SRNAKULAM, 'PIN ~ "692031
STATION HOUSE OFFICER,
PUTRENCRURE FOLICE STATION, ERNARULAM
~ 82308
DISTRICT, PIN
GEETHU GEORGE (IMPLEADED AS ADDL 3)
W/O JTTHU GHEVARGHESE, PUTHTYAMPADAVIL,
BHAKTHANADHAPURAM, _VENGIDA, _THIROVANIYORR,
BALL APPL. BO. S586. 6 S867 GF Bang
2
@af/li/2d IN CRL MA 1/24)
BY ADYS,.
CR. VINOD KUMAR
VINOCHAND
ANTLEUMAR C.R.
SMI. SREEJA.V-SENTOR PUBLIC PROSECUTOR
SAME DAY DELIVERED THE FOLLOWING:
FRIDAY ,
THE 2078 DAY oF DECEME
NO. BSS6 € ESET OF goge
a
IN THE HIGH COURT OF KERALA AT ERNARULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.RUNEIKRISHNAN
BR 2026 / 29TR AGRABAYANA, 1926
SAIL APPL. NO. S567 OF 2084
CRIME NO.470/2024 OF Kunnathunadu Pelice Station, Ernakulan
PETITIONER/ACCUSED NO.8:
PAUL @ DANTY
AGED 57 YEARS
8/0 OUSRPR, RARIPPAL SOUSE, KUTYIKAD P.O, THRISSUR
DITSRITCT, PIN - 680724
BY ADVS .
RAPHAEL TRERRAN
Tr. SAIT RAPREL
CHRISTINE MATREW.
ABESE ALOSIOUS
RESPONDENTS /STATE AND COMPLATNANT:
4.
STATE OF RERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
BERALA, ERNARULAM, PIN = 682031
STATION ROUSE. OFFICER | .
PUTSENCRUZE POLICE STATION, ERNARULAM DISTRICT, PIN
~ §82308
BAIL APEL. NO. 5568 ¢ 5587 OF 2024
*ADDL. RS ATHIRA
E, VEMEILLY P.O.
MPLEADED AS ADDL R3 AS PER ORDER DTD 22/11/24 tN
ORL MA 1/24
BY ADVS.
C.R.VINOD KUMAR
VINUCHAND
ANTLAUMAR CR.
SRI .NOWSHAD .R.A-SEX
NIOR PUBLIC PROSECUTOR
40.12.2024, ALONG WITE Ball Appel. .S566/2024, THE COURT ON TER
SAME DAY DELIVERED TSE FOLIC
BATE APPL. NO. SSSS & Sas? OF 2084
3
P.V.KUNHIKRISHNAN, 3
Sa re ORS NRE ee SN SAN ei a ik ART AAR, AN An Ae am a UA a
MORSE MR CBR SRE i Fa) a OR RRR SR SR NAN OR te DEP AR RAD SS
Dated this the 20" day of December , 2024
These Bail Applications are filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita. These balls applications
are connected and therefore, I am disposing of these bail
applications by a common order.
2, The petitioner in these cases are accused in
Crime No.512 of 2024 of Puthencruz Police Station and Crime
No.470 of 2024 of Kunnathunadu Police Station. When these
bail applications came for consideration the matter was
referred for mediation to the High Court Mediation Centre.
Now it is submitted that, the matter is settled and a
memorandum of agreement is produced signed by both
parties,
BAIL APPL. RO. SS€8 ¢ SSST OF 2004
)
Hence, these Bail Applications are allowed
with the following directions:
i. The petitioner shall appear
before the Investigating Officer within two
weeks from today and shall undergo
interrogation.
2, After interrogation, if the
Investigating Officer propose to arrest the
petitioner, he shall be released on bail on
executing a bond for a sum of Rs.50,000/-
{Rupees Fifty Thousand only) with two
solvent sureties each for the like surn to the
satisfaction of the arresting officer
concerned.
3. The petitioner shall appear before the
investigating Officer for interrogation as and
when required. The petitioner shall co-
operate with the investigation and shall not,
SS
BALL APPL, NO. S86@ € SSST OP 200%
directly or indirectly make any inducement,
threat or promise to any person acquainted
with the facts of the case so as to dissuade
him from disclosing such facts to the Court
orto any police officer. |
4. Petitioner shall not leave India
without permission of the jurisdictional
Court.
5. Petitioner shall not commit an
offence similar to the offence of which Ae is
accused, or suspected, of the commission of
which he is suspected,
6. If any of the above conditions are
violated by the petitioner, the jurisdictional
Court can cancel the bail in accordance to
law, even though the bail is granted by this
Court. The prosecution and the victim are at
liberty to approach the jurisdictional Court to
8
cancel the bail, if any of the above
conditions are violated.
The mediation agreement will form a part of this
judgment.
od/-
P.V.KUNHIKRISHNAN, JUDGE
LER
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Ball Appin No. S366 2g
Paul @ Danty : Petitioner
Ys.
State of Keraia & Ane 2 Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Fd
L.The Petitianer { Sth Accused | has agread to pay an amount of Rs.2,60,000/
{ Rupees Two Lakhs Sixty Thousand) to the 3rd Respondent (Defacto Complainant}
as full and final settiament as against the Petinoner
2. The Above said Payment has been mede vide Cheque No Q00069 of HDC Bank,
Chalakudy Branch dated 16.12.2024. The said Cheque has been handed over ta the
3° respondenton 11.12.2024 at the Mediation Hall in die High Court of Kerala.
have any abjection in granting Anticipatory Bail to the Petitioner,
4Jt i further agreed that the ard respondent will not have any further grievance
against the Petitioner and has ne objection in quashing the crime No.S12/2024 of
Buthencrug Police Stelion and all further Proceedings taken in Sursuance to her
Camplaint as against the petitioner
§.The 3rd respondent also agrees to inform the Station House Officer wha is in
charge of the investigation that she does not have any grievance against the
Penitioner sod does not want to srasecute hin any further
Paul @ Danty Geethu George
Patitioner 3° Respondent
a aaa s
Ball Appin No.5566 of 2024
&.The dra respandent agrees to gre all necessary affidavits to quash the crime
against the Petitioner herein at any pcint-of time.
7. he 3rd Respondent undertakes that she wil not raise any future claims against
the Petitioner regarding this nor go fonward in prosecuting Alm in this. crime.
& tf any of the parties are violating any terms of this agreernment the other party can
approach the approoriate court to enforce the same.
.
Se = Paul @ 'Denty ran Ba SMe ol Hoe poeialaer ww ; . me Counsel for the Petitioner Counsel for the 3 = Respondent The above Settlement Agreement is authenticated by me. oe : -
----
Serta Ady. Parthasarathi M.K (Mediator) cae "Ss REFORE THE HONQURABLE HIGH COURT OF KERALA AT ERNAKULAM ? of 2024 Paul @ Danty : Ratitioner State of Kerala & Arr : Respondents MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Lhe Petifioner ( Sth Accused } has agreed to pay an amount of As.2.60,000/- { Rupees Two Lakhs Sixty Thousand) te the ard Respondent (Defacto Compisinant} as full and final settiement as against the Fatitioner.
2. The Above said Payment has been made vide Cheque NoGO0GTP of HOF Bank, Chalakudy Sranch dated 16.12.2024. The said Cheque has been handed over to the 3° respondent on 11.12.2024 at the Mediation Hall in tre High Court of Kerala.
3. On racelving the above amount, the 3rd respondent undertakes that she will not have any objection in granting Anticipatory Bail to the Petitioner.
4. it is further agreed that the 3rd respondent wil nat have any further grievance against the Petitioner and has no objection in quashing the crime No.d7Q/2024 of Kunnathunadu Police Station and all further Proceedings taken in pursuance to her Campiaint as against the petiuoner S.The Srd réspondent also agrees to Inform the Station House Officer who is in charge of the investigation that she dogs not have any grievance against the Petitioner and does not want to prosecute him any further. Petitioner 3° Respondent s Sai ae ot SUES Ae Paul @ Danty Athira * €.The 3rd respondent agrees te give all necessary affidavits to quash the crime:
against the Petitioner herein at any pol int of tite.
7.The Grd Respondent undertakes that she will not raise any future | claims against the Petitioner regarding this nor go forward iy prosecuting Aim in Ges crime,
8. If any of the parties are Winlating any terms of this agreement the other party can approach the appropriate court to enforce the sane.
Dated this the 11° day of December, 2024 tioner 3° Respondent ee aa! ye lind © : Take ¢ Cohesw: dae et) : 3 Counsel for the Petitioner " Counsel for the ze Respondent The above Settlement Agreement is authenticated by me. Sena!