This bail application was dismissed. The court found the petitioner to be the main accused and kingpin, posing risks of influencing victims and absconding, thus unsafe for bail. A direction was issued to the trial court to dispose of the case within one year.
Bail denied. Direction given to trial court to dispose of the case within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938
Bail Appl..No. 5291 of 2016 ()
CRIME NO 4(S)2013/CBI/SCB TVPM ----------PETITIONER(S)/1ST ACCUSED:
SURESH K.V, AGED 50 YEARS, S/O. VELAYUDHAN, KONDIYAR HOUSE, CHANDAPADY, VALAPAD P.O THRISSUR DISTRICT PIN 680 567.
BY ADVS.SRI.MANJU ANTONEY SMT.P.MAMATHA SRI.K.K.VIVEKANANDAN SRI. KISHORE KUMAR K.S SRI.R.ANAS MUHAMMED SHAMNAD SRI.I.YOHANNAN
RESPONDENT(S)/PROSECUTION:
STATE OF KERALA, REPRESENTED BY THE CBCID TVPM III/16 THROUGH STANDING COUNSEL CBI HIGH COURT OF KERALA,ERNAKULAM 682 031.
BY SRI.P.CHANDRASEKHARA PILLAI,SC, C.B.I.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
P.UBAID, J.
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B.A.No.5291 of 2016
============================
Dated this the 10th day of August, 2016
ORDER
The petitioner herein is the first accused in Crime No.4(S)/2013/CBI/SCB TVPM, registered under Section 120B read with Sections 342, 323, 365, 366, 368, 376 and 420 of the Indian Penal Code, and Sections 3(1), 4(1), 5(1) and 6(1) of the ITP Act of the CBI. This is the petitioner's 4th application for bail before this Court. He has been in judicial custody since 10.10.2015. His first application was dismissed by this Court on 11.01.2016 with observation that he will have to continue in custody till the whole trial is over. Thereafter, he made a second application as B.A.No.1600 of 2016. That was also dismissed by this Court on 02.03.2016 with observation that the petitioner will have to continue in custody, in view of the definite possibility of the material witnesses being influenced by him. The petitioner made a third application as
B.A.No.5291 of 2016 2
B.A.No.3169 of 2016 before this Court. That was also dismissed by this Court on 03.05.2016, with observation that the petitioner will have to continue in custody till the whole trial is over, and with a direction to the trial court to expedite the trial and dispose of the case at the earliest, if possible within six months. This 4th application was filed on 13.07.2016.
B.A.No.5291 of 2016 3
scheduled for trial in the trial court upto 20.12.2016. These cases include cases of the CBI and also NIA cases, which will involve so many witnesses and so many documents. The learned trial Judge reasonably requires a period of one year from the date of framing of charge, to dispose of the case.
In the result, bail is denied to the petitioner, and
B.A.No.5291 of 2016 4
this application is disposed of with a direction to the trial court that the case (S.C.No.503/16) shall be disposed of
within a year from the date of receipt of a copy of this order.
Sd/-
P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether bail should be granted to the first accused who is the main accused and potential influence on victims in a complex CBI case.
Whether the trial court can be directed to dispose of the case within a specific timeframe.
SURESH K.V
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
