IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1051 of 2008()
1. SETHU, AGED 32 YEARS,
... Petitioner
2. VIJI, AGED 27 YEARS,
3. SAJEEV P.C., AGED 24,
4. SAJEEV P.C., AGED 29 YEARS,
5. RATHEESH K.R., AGED 26 YEARS,
Vs
1. STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.C.D.JOHNY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 1051 OF 2008
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Dated this the 22nd day of February, 2008
O R D E R
This is the 2nd application for anticipatory bail filed
by the petitioners who had come to this Court earlier and
suffered the order dated 30.1.08 in BA.465/08. They have not
challenged the said order. They have not surrendered before
the Magistrate or the investigating officer as directed in that
order. They have again come to this Court with a prayer that
they may be granted anticipatory bail.
2. It is trite that the earlier order of anticipatory bail
having been dismissed, it is for the petitioners to show change
of circumstances, if any, to justify a different renewed
consideration of their application for anticipatory bail. Called
upon to explain the change of circumstances, if any, the
learned counsel for the petitioners only submits that accused
Nos.1, 2 and 8, who are co-accused, were arrested and were
BA.1051/08
: 2 :
granted regular bail by this Court. They were directed to be
released on bail with effect from a future date and there was a
direction that every endeavour must be made to complete the
investigation by that date. That order has not been produced
before me. I assume that such an order has been passed.
But even that order cannot be reckoned as sufficient change
of circumstances to justify a different renewed consideration
of the petitioners’ claim for anticipatory bail. The learned
Public Prosecutor submits that there is no change of
circumstances and the investigation conducted has not, in any
way, revealed any evidence favourable to the petitioners.
3. I am, in these circumstances, satisfied that this
petition only deserves to be dismissed. I do so.
(R.BASANT, JUDGE)
aks