IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1243 of 2008()
1. ALIYAMMA ANTONY, W/O.J.ANTONY,
... Petitioner
2. GIJI MOL ANTONY, D/O. ALIYAMMA,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.DINESH R.SHENOY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/03/2008
O R D E R
R.BASANT, J.
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B.A.No.1243 of 2008
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Dated this the 7th day of March 2008
O R D E R
This is the second application for anticipatory bail. The
petitioners had come to this court earlier claiming anticipatory
bail in a crime registered alleging the offence punishable under
Section 308 I.P.C. Facts have been referred to in detail in the
common order dated 23/1/2008 passed by this court. The
petitioners were held to be not entitled for anticipatory bail. The
said order has not been challenged by the petitioners. The
petitioners have come again to this court with the renewed
prayer for grant of anticipatory bail. It is by now trite that when
an earlier order rejecting anticipatory bail is not challenged and
the petitioners come again to this court claiming anticipatory
bail, it is incumbent on the petitioner to show the change of
circumstances which can justify a fresh renewed favourable
consideration of the prayer for anticipatory bail.
2. Called upon to explain to the court the change of
circumstances, if any, the learned counsel for the petitioner only
reiterates the contentions that were raised earlier that against
the petitioners, no valid allegations even are there to justify their
indictment.
B.A.No.1243/08 2
3. I am afraid, no change of circumstance warranting or
justifying a fresh renewed consideration of the present
application for anticipatory bail has been shown to exist. About
an admitted incident which took place, allegations and counter
allegations were raised and crimes under Section 308 I.P.C has
been registered against the rival contestants. I am not
persuaded to agree that any circumstances exist for me now to
undertake the fresh renewed consideration of the prayer for
anticipatory bail.
4. This petition is accordingly dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.1243/08 3
B.A.No.1243/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007