Hon'ble P.Bhavadasan, J. dismissed the second bail application for the same offence, holding no change of circumstances existed. The court directed surrender to the IO for subsequent bail consideration before the JFCM.
Bail application dismissed; liberty to surrender before Investigating Officer on or before 14.01.13 for bail consideration by JFCM.
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 P.BHAVADASAN
WEDNESDAY, THE 2ND DAY OF JANUARY 2013/12TH POUSHA 1934
Bail Appl..No. 8254 of 2012 ()
CRIME NO.819/2012 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT.
PETITIONER/ACCUSED(S):
VISHNU DAS, S/O.SIVADASAN PILLAI, AGED 19 YEARS VYSHNAVAM, PANDAPLAV P.O., PATHANAPURAM KOLLAM.
BY ADV. SRI.B.PRAMOD
RESPONDENT(S):
STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
P.BHAVADASAN, J.
---------------------------------------------------BA No.8254 of 2012 ---------------------------------------------------Dated this the 2nd day of January 2013
Order
In this second application for the very same relief,
the petitioner points out that going by the allegation in the complaint, no offence under S.420 IPC is made out. The above ground was available to the petitioner even when the first application was considered by this court. It was after hearing the learned counsel for the petitioner and after perusing the order of the lower court and also the records made available by the learned Public Prosecutor that this court felt that the exercise of the extra ordinary jurisdiction of this court under S.438 Cr.PC will not be justified and dismissed the first application. No change of circumstances is brought to the notice of this court to take a different view. The application is accordingly dismissed. However, the petitioner will be at liberty to surrender before the Investigating Officer on or before 14.01.13, who, after interrogation, shall produce him before the JFCM concerned. On an application being filed by the petitioner before the JFCM concerned for bail, the same
BA 8254/12
2
shall be considered and appropriate orders shall be passed thereon by the JFCM concerned in accordance with law after hearing the APP, if possible, on the same day of filing the application.
P.Bhavadasan, Judge
sta
BA 8254/12 3
1 issue framed by the court
Whether bail under S.438 Cr.PC is justified where the same relief has already been dismissed without a change of circumstances.
2 provisions across 2 enactments
Vishnu Das
State of Kerala
P.Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
