Dismissed

Mohammed Firos @ Firos @ Babu v. the State of Kerala

Kerala HC28 Sept 2016Bail Appl./6750/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by an accused facing charges of criminal mischief and intentional endangering of human life. The court held that since the investigation was incomplete with key witnesses to be examined, releasing the accused would obstruct the process.

What did the court decide?

Application for regular bail under Section 439 CrPC was dismissed; bail to be considered later.

Mohammed Firos @ Firos @ Babu Vs the State of Kerala — Bail and Remand | 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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WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938

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Bail Appl..No. 6750 of 2016

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CRIME NO. 318/2016 OF KOLATHUR POLICE STATION , MALAPPURAM DISTRICT

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PETITIONER(S)/ACCUSED :

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MOHAMMED FIROS @ FIROS @ BABU AGED 32 YEARS, S/O. MOHAMMED, THEKKETHIL HOUSE, ALAMPARA, CHEMMALASSERI, PULAMANTHOL.

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BY ADVS. SRI.P.SAMSUDIN

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SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE

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RESPONDENT(S)/COMPLAINANT :

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THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, KOLATHUR POLICE STATION (IN CRIME NO. 318/2016), THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI. SAJJU.S

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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P.UBAID, J.

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B.A No.6750 of 2016

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Dated this the 28^th day of September, 2016

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O R D E R

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The petitioner herein is the sole accused in Crime No.318/2016 of the Kolathur Police Station, registered under Sections 447, 436, 427 and 506(1) of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate I, Perinthalmanna, on 7.9.2016. The petitioner has been in judicial custody since 3.9.2016.

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The petitioner herein is the brother-in-law of the defacto complainant. His matrimony with the sister of the complainant stands strained. The prosecution case is that at about 3 am on 2.9.2016 the petitioner herein, due to some previous enmity in connection with matrimonial dispute with the complainant's sister, trespassed into the complainant's house, set fire to some vehicles parked there, thus damaged the vehicles and caused a huge loss to the complainant, and in the said process part of the building was also damaged.

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B.A No.6750 of 2016

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that the petitioner cannot be now released on bail. Some more important witnesses remain to be questioned by the Investigating Officer, and some more materials remain to be collected as part of investigation. This process will be obstructed if the petitioner is now released. I find that effective investigation is in progress, and that the accused will obstruct investigation if he is now released on bail. I also find prima facie materials substantiating the allegations against the accused. The request for bail will be considered at a later stage when major part of investigation is over.

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In the result, this application for bail is dismissed.

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//True Copy//

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P.A to Judge

Mohammed Firos @ Firos @ Babu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Firos @ Firos @ Babu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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