The petitioner, an accused in a criminal case under IPC Sections 403 and 408, filed an application for anticipatory bail. The High Court dismissed the petition, deprecating the practice of filing a new petition while suppressing the fact that an earlier application before this court was already dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934
Bail Appl..No. 4514 of 2012 ()
IN CRIME NO.313/2011 OF PUDUNAGARAM POLICE STATION PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED:
MOHAMMED RAFI K.M. S/O.MOHAMMED YOUSUF, L.D.CLERK PRIMARY HEALTH CENTRE, PERUVEMBA, PALAKKAD DISTRICT RESIDING AT KATTAYAM STREET, PUDUNAGARAM PALAKKAD DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA REPRESENTING THE SUB INSPECTOR OF POLICE PUDUNAGARAM POLICE STATION IN CRIME NO.313/2011.
BY PUBLIC PROSECUTOR, SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
B.A.No. 4514 of 2012
========================= Dated this the 19th day of July, 2012
ORDER
Petitioner is the accused in Crime No.313/2011 of Pudunagaram Police Station, Palakkad District. The offences alleged against him are under Secs.403 and 408 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.4514/2012
: 2 :
agrees that such practice of the petitioner entrusting another advocate to file application without disclosing the dismissal of the earlier petition should be deprecated.
There is no change of circumstance. Filing a petition suppressing the factum of earlier dismissal even from the counsel is viewed seriously. It is deprecated. This petition is hence, dismissed.
N.K.BALAKRISHNAN, JUDGE
das
1 issue framed by the court
Whether a bail application should be allowed when filed by an accused suppressing the fact of a prior dismissal of an anticipatory bail petition before the same court.
1 provisions across 1 enactments
MOHAMMED RAFI K.M.
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
