The High Court of Kerala dismissed a bail application under Section 438 CrPC as the petitioner had already filed a similar application that was rejected. The court held the petitioner not entitled to file another application for the same relief.
Bail application dismissed on grounds of res sub judice.
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 K.T.SANKARAN
FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931
Bail Appl..No. 2541 of 2009
CRIME NO.498 OF 2008 OF KOTTAYAM EAST POLICE STATION.
PETITIONER: 1ST ACCUSED:
JUSTINE PAUL, AGED 21 YEARS, S/O.SONY, PUTHUPARAMBIL, MUTTAMBALAM P.O., KOTTAYAM.
BY ADV. SRI.A.T.ANILKUMAR
RESPONDENT:
SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 2541 OF 2009
Dated this the 5th June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.498 of 2008 of the Kottayam East Police Station.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN) Judge
ahz/
1 issue framed by the court
Whether the petitioner is entitled to file another bail application for the same relief after a previous application was dismissed.
1 provisions across 1 enactments
JUSTINE PAUL
SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
