Court dismissed a second bail application filed under Section 438 CrPC, holding that no substantial change in facts or circumstances existed to justify the invocation of jurisdiction.
Application dismissed with direction to surrender and seek regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
Bail Appl..No. 4547 of 2018
CRIME NO. 434/2018 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT
PETITIONER/ACCUSED:
HEMAMALINI, AGED 49 YEARS, W/O. HARIHARAN, MANIYAMTHOTTINGAL HOUSE, PATHAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADVS. SRI.P.JAYARAM SRI.P.V.JEEVESH
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SR. PUBLIC PROSECUTOR SRI.C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This application is filed under Section 438 of the Code of
Criminal Procedure.
No.434 of 2018 registered at the Ottapalam Police Station, under Sections 406 and 420 of the IPC.
Bail Appl..No. 4547 of 2018
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Bail Appl..No. 4547 of 2018
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reason to take a different view now, the conditions of invocation of jurisdiction not being satisfied. I direct the applicant to surrender before the investigating officer or the court having jurisdiction and seek regular bail. If an application for bail is filed, the same shall be considered and orders shall be passed on its merits.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
1 issue framed by the court
Whether the petition for anticipatory bail is maintainable being a second application without substantial change in circumstances
Colour shows how this judgement treated each authority
Vineet v. State of KeralaReferred¶23
Vineet v. State of Kerala [2015 (5) KHC 224]
2 provisions across 2 enactments
HEMAMALINI
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
