The court granted pre-arrest bail due to amicable resolution of disputes between the parties, emphasizing that the alleged offences are compoundable.

COMMON ORDER

The applications are filed under 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, for orders of pre-arrest bail.

2. B.A No.7374/2024 is filed by the first accused in Crime No.424/2024 of the Keezhvaipur Police Station, Pathanamthitta, which is registered against the accused persons for allegedly committing the offences punishable under Sections 294 (b), 341, 323, 324, and 354 r/w Section 34 of the Indian Penal Code . B.A.No.5991/2024 is filed by the accused in Crime No.428/2024 of the very same Police Station for allegedly committing the offences punishable under Sections 451, 323 and 354 of the and Sections 8 , 9, 11 and 12 of the Protection of Children from Sexual Offences Act , 2012. As these applications arise out of case and counter case, they are consolidated, jointly heard and disposed of by this common order.

3. The prosecution allegation in Crime No.424/2024 is that, on 30.06.2024, at 15:30 hours, the accused 1 to 3, had wrongfully restrained the mother of the de facto complainant and when the de facto complainant attempted to intervene in the matter, the accused 1 and 2 hurled obscene words at the de facto complainant and his mother. Then, the first accused assaulted the de facto complainant with a stick and stabbed on the waist of his mother. The de facto complainant mother suffered injuries. Thus, the accused have committed the above offences.

4. The prosecution allegation in Crime No.428/2024 is that, on 30.06.2024, the accused had trespassed into the courtyard of the de facto complainant and lifted her clothes and pulled her down and assaulted her. Thus, the accused have committed the above offences.

5.Heard; Sri. K.Mohana Kannan and Sri.T.P. Pradeep, the learned counsel appearing for the respective petitioners in the two applications and Smt.Seetha S., the learned Senior Public Prosecutor.

6. When the applications came up for consideration on 11.9.2024, the learned counsel appearing for the parties submitted that there is a likelihood of the dispute between the parties being settled, if they are referred to Mediation, since the parties are relatives.

7. Pursuant to the said order, the parties appeared before the Mediation Centre, High Court of Kerala and have settled their disputes amicably as reflected in the Memorandum of Mediation Settlement Agreement dated 21.11.2024 signed by the parties and counter signed by the respective counsel in the presence of the Mediator. The parties have stated that they propose to withdraw the respective complaints which led to the registration of the FIRs. Similarly, the civil case that is pending between the parties would be prosecuted and decided on its merits. The parties have no objection in the applications being allowed.

8. I have perused the Memorandum of Mediation Settlement Agreement and found the same to be in accordance with law. As the offences alleged against the petitioners are compoundable, I don’t see any legal fetter in granting the petitioners orders of pre-arrest bail, which would only augur the harmony between the parties.

9. On an anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the Memorandum of Mediation Agreement Settlement executed between the parties, and that they have amicably resolved the disputes, I am satisfied and convinced that the petitioners have made out valid grounds to invoke the discretionary jurisdiction of this Court under Section 482 of the BNSS .

In the result, the applications are allowed, by granting the petitioner in B.A.No.7374/2024 and the petitioner in B.A.No.5991/2024 orders of pre-arrest bail subject to the following conditions:

(i)The petitioners are directed to surrender before the Investigating Officer within ten days from today.

(ii) In the event of arrest of the petitioners, the Investigating Officer shall release the petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only), each with two so