Dismissed

Babu A.L. v. State of Kerala

Kerala HC4 Aug 2016Bail Appl./5613/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a second regular bail application. The court held that since the investigation is still in progress and no material change in circumstances existed since the dismissal of the first application, the current application could not be entertained.

What did the court decide?

Bail application dismissed; petitioner to continue in custody until investigation concludes, but may seek statutory bail if police delays reporting.

Babu A.L. Vs State of Kerala — Property and Title | 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 P.UBAID

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THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938

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Bail Appl..No. 5613 of 2016 ()

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------------------------------CRIME NO. 565/2013 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT

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PETITIONER/1ST ACCUSED:

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BABU A.L., AGED 46 YEARS, S/O.LONAN, ANAMTHURUTHIL HOUSE, 338 A(13/124), NADAKKAVU SOUTH, VAZHAKKULAM, MAROTTYCHUVADU, PERUMBAVOOR, ERNAKULAM- 683 504

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BY ADVS.SRI.C.P.SAJI

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SMT.P.DEEPA MOHAN

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RESPONDENT/COMPLAINANT & STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -682 035

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

P.UBAID, J.

B.A.No.5613 of 2016

Dated this the 4^th day of August, 2016

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The petitioner herein seeks regular bail for the second

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time under Section 439 Cr.P.C. in Crime No.565/2013 of the Ernakulam Town North Police Station, registered under Sections 403, 406, 418, 420, 423 and 120(b) read with 34 IPC. His first application was dismissed by this Court on 15.06.2016, with the observation and finding that the petitioner will have to continue in custody till the whole investigation process is over. There is report that he is involved in five other crimes of similar nature. The total amount involved in the six cases comes to nearly Rs.30 Lakhs. Investigation is in progress in the other crimes also. I do not find that there has been material change in circumstances since the dismissal of the first application. Investigation is still in progress. In such a situation, the second application cannot be entertained. However, it is made clear that the petitioner can very well approach the court below for statutory bail, in case the police failed to submit final report in time. This Court's observation that the petitioner will have

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B.A.No.5613 of 2016

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to continue in custody till the whole investigation process is

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over, will not stand in the way of his seeking statutory bail.

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With the above observations, this application is disposed

of.

Sd/-

P. UBAID, JUDGE

// True Copy //

P.A. to Judge

Babu A.L. v. State of Kerala

Case brief

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Babu A.L. v. State of Kerala

Case brief

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