Biju v. State of Kerala
Case brief
What is this about?
This court dismissed a second anticipatory bail application, holding that without a change of circumstances, a rejected bail order cannot be revisited, citing precedents.
What did the court decide?
The bail application is dismissed as it is not maintainable in absence of change of circumstances.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945
BAIL APPL. NO. 5286 OF 2023
AGAINST THE ORDER/JUDGMENTBail Appl. 4160/2023 OF HIGH COURT OF KERALA
PETITIONER:
BIJU AGED 51 YEARS S/O SUKUMARAN, KARTHIKA, RADHAKRISHNA LANE, PEROORKADA PO, THIRUVANANTHAPURAM, PIN - 695005 BY ADVS. P.K.VARGHESE P.S.ANISHAD DHANESH V.MADHAVAN BIJU KUMAR ARJUN KUMAR K.S. RAMEEZ M. AZEEZ SUDARSANAN U. M.T.SAMEER K.R.ARUN KRISHNAN JERRY MATHEW SOJAN K. VARGHESE REGHU SREEDHARAN APARNA ANIL NAMITHA K.S. ANU ASHOKAN ATHUL.P
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
Issues for consideration
2 issues framed by the court
Whether a second anticipatory bail application is maintainable in the absence of any change of circumstances after an earlier application was dismissed.
Whether the petitioner's allegedly minimal role and absence at the time of the offence constitute a change of circumstances warranting revision of the bail order.
Parties & counsel
- petitioner
Biju aged 51 years S/o Sukumaran
- respondent
State of Kerala represented by Public Prosecutor
Coram
Bechu Kurian Thomas
Case details
As recorded by the court registry
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