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Judgment
V.G.Arun, J
Appellant is the accused in Crime No.603 of 2022 of Ambalathara Police Station, registered for offences punishable under Sections 341 and 324 of IPC and Section 3(1)(vi), 3(1)(s)and Section 3(2)(v) of SC/ST Act, 1989.
The prosecution allegation is that the appellant, out of his animosity towards the de facto complainant for having married another person, assaulted the de facto complainant on 25.12.2022 at about 3.30 hours. Even though appellant moved an application for bail before the Sessions Court, Kasaragod, that was rejected vide order dated 24.01.2023 in Crl.M.P.No.213 of 2023. Hence, this Crl.Appeal.
Learned Counsel for the appellant submitted that the appellant is in custody from 25.12.2022 onwards and his dispute with the second respondent has been amicably settled. Realising that the incident had occurred at the spur of the moment, the second respondent has pardoned the appellant.
Learned Counsel for the second respondent also submitted that the dispute is resolved and the parties have decided to live peacefully. The second respondent has also filed Annexure A1 affidavit in proof of such settlement.
In the light of the settlement arrived at between the parties and considering that the appellant has been in custody from 25.12.2022 onwards, the appeal is allowed.
The appellant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Sessions Court. The Sessions Court can impose necessary conditions to ensure that no disturbance is caused to the second respondent and the appellant co-operates with the investigation.