Dismissed

Baburaj v. State of Kerala

Kerala HC1 Feb 2016Bail Appl./211/2016

Case brief

AI extract

What is this about?

This bail application filed by the first accused in an IPC 341/394 case was dismissed. The Court held that given the petitioner's involvement in six other serious cases involving POCSO, abduction, and firearms, and ongoing mental health concerns, it was not a fit case for bail.

What did the court decide?

Bail application dismissed without prejudice to the right of the petitioner to move at an appropriate stage.

Baburaj Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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Bail Appl..No. 211 of 2016

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CRIME NO. 689/2015 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT.

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PETITIONER/1ST ACCUSED:

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BABURAJ, AGED 28 YEARS, S/O.RAMAN, MEMEPURATH HOUSE, VADANAMKURISSI, SHORNUR.

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BY ADV. SRI.P.JAYARAM

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RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,

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THROUGH THE SUB INSPECTOR OF POLICE,

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SHORNUR POLICE STATION, SHORNUR-679 121.

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2. AKHILESH, AGED 22 YEARS, S/O.BALAN, NILAMKUNNUPARAMBIL, MUNDAYA,

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GANESH GIRI POST, SHORNUR-679 121.

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R1 BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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SUNIL THOMAS, J.

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B.A.No.211 of 2016

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Dated this the 1^st day of February, 2016

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ORDER

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The petitioner is the 1^st accused in Crime No.689/2015 of Shornur Police Station for offence punishable under Section 341 and 394 IPC.

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The allegation of the prosecution is that on 07.11.2015 at 11.30 a.m., while the de facto complainant was travelling in his motor cycle, the petitioner herein along with two other persons intercepted him, slapped on his face and snatched his gold ornaments and forcefully took away the motor cycle. The petitioner herein was arrested on 31.12.2015 and is in custody.

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The learned Public Prosecutor on instruction submitted that the petitioner is involved in six other cases and KAAPA proceedings are proposed to be initiated. The details of the case shows that it includes case relating to Abkari Act, use of arms and one under Section 376 Cr.P.C and POCSO also.

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B.A.No.211 of 2016

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Having regard to these types of case in

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which the petitioner is involved and the antecedents, I feel that this is not a fit case for granting bail at this stage and hence it is dismissed without prejudice to the right of the petitioner to move at appropriate stage.

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The bail application is accordingly dismissed.

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Sd/-

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SUNIL THOMAS, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

Baburaj v. State of Kerala

Case brief

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Baburaj v. State of Kerala

Case brief

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