A second application for anticipatory bail was dismissed by the High Court of Kerala. The judge held that the submission that disputes were settled, which was previously raised and rejected, did not constitute a satisfactory change of circumstances to justify a fresh consideration.
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 R.BASANT
TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929
Bail Appl..No. 1097 of 2008()
----------------------------CRIME NO.402/2007 OF CHALAKKUDY POLICE STATION
PETITIONERS/ACCUSED NOS. 3, 5 & 6
BY ADV. SRI.C.HARIKUMAR
RESPONDENTS: STATE
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 1097 OF 2008 B
Dated this the 4th day of March, 2008
O R D E R
Second application for anticipatory bail. An earlier application for anticipatory bail filed by the petitioners, who face allegations, inter alia, under section 452 IPC and section 27 of the Arms Act, was dismissed by this Court as per order dated 13.11.07 in BA.6684/07.
BA.1097/08
: 2 :
(R.BASANT, JUDGE)
aks
1 issue framed by the court
Whether a fresh consideration for anticipatory bail is warranted despite the dispute being settled, given a prior dismissal for lack of changed circumstances.
JOBY, S/O.DEVASSYKUTTY
RIYAZ, KOMBIDI VEETTIL
LINTO, S/O.VARKEY
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
