High Court Kerala High Court

Aliyamma Antony vs The State Of Kerala on 7 March, 2008

Kerala High Court
Aliyamma Antony vs The State Of Kerala on 7 March, 2008
       

  

  

 
 
  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.
                        ----------------------
                        B.A.No.1243 of 2008
                    ----------------------------------------
           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