Dismissed

O.K.Babu @ Balakrishnan v. State of Kerala

Kerala HC24 May 2018Bail Appl./1410/2018

Case brief

AI extract

What is this about?

This single-paragraph order dismissed a bail application filed by a 3rd accused in a 1988 robbery and theft case involving five years of imprisonment. The court refused bail due to the applicant's long period of absconding since 1988 and the commencement of evidence recording in the trial court.

What did the court decide?

Bail application dismissed; Applicant held liable to remain in custody.

O.K.Babu @ Balakrishnan Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V THURSDAY, THE 24TH DAY OF MAY 2018 / 3RD JYAISHTA, 1940

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Bail Appl..No. 1410 of 2018

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CRIME NO. 93/1988 OF CBCID, KOZHIKODE , KOZHIKODE

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PETITIONER(S)/3RD ACCUSED

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O.K.BABU @ BALAKRISHNAN S/O.AMBADI @ SUBHASH, OTTARAKKAN VALAPPIL HOUSE, REVANESWARAM, KANJANGAD POST, KASARAGOD.

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BY ADV.SRI.P.A.MUJEEB

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RESPONDENT(S)/COMPLAINANT:

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

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R BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A No.1410 of 2018

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Dated this the 24^th day of May, 2018

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ORDER

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1.This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973. He is the 3^rd accused in Crime No.93 of 1988 of the CBCID, Kozhikode, registered for offence punishable under Sections 457, 390, 395, 397 and 461 r/w Sec. 34 of the IPC.

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2.In the month of February, 1988, the applicant and co-accused

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broke open into the Nallurnada Service Co-operative Bank in the wee hours and stole an iron safe containing money and gold. While escaping, they attacked and caused injuries to two persons. They were arrested in the course of investigation and later final report was laid before the Principal Sessions Court, Kalpetta. The case was taken on file as SC No.29 of 1988. After the charges were framed, the applicant absconded. Inspite of taking coercive steps, he remained at large till 16.5.2017, on which day he surrendered before the Sessions Court. In the mean time, the case was proceeded with the rest of the accused and they were convicted, which

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B.A No.1410 of 2018

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was confirmed in appeal by this Court. As against the appellant, the case was re-numbered and the same is pending as S.C.No.153 of 2017.

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3.The applicant filed an application for bail before the Court of Session which was rejected on various grounds.

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4.The learned counsel appearing for the applicant submitted that the applicant has been in custody from 16.5.2017 and his further incarceration is unwarranted.

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5.The learned Public Prosecutor has opposed the prayer.

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6.I have considered the submissions advanced. It appears from the materials available that the incident was in the year 1988 and more than 25 years have elapsed after the framing of the charge. The rest of the accused have been convicted and their conviction has been affirmed by this Court. The recording of evidence of witnesses have commenced in the Court of Session. Taking note of his long period of abscondance and the stage of trial, I find no reason to grant bail to the applicant at this stage. I am sure that the trial would be expedited and the same would be taken to its logical conclusion by the learned

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B.A No.1410 of 2018

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Sessions Judge.

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This application will stand dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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//TRUE COPY// P.A TO JUDGE

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O.K.Babu @ Balakrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

O.K.Babu @ Balakrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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