IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5768 of 2007()
1. SUSHEELA, D/O. PEETHAMBARAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.M.PRASANTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5768 of 2007
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Dated this the 25th day of September 2007
O R D E R
Second application for anticipatory bail. The petitioner, a
woman faces allegations under the Kerala Abkari Act. 25 litres
of wash was allegedly recovered from a house in her possession
on 13/10/2006. The crime was registered. Investigation is in
progress. The petitioner apprehends imminent arrest. The
petitioner came to this court earlier and by order dated
22/11/2006 in B.A.No.6797/2006, another bench of this court
had dismissed the application for anticipatory bail. The
petitioner has come to this court again with a renewed prayer
for grant of anticipatory bail.
2. An earlier application for anticipatory bail having
been dismissed by this court, it is certainly for the petitioner to
show change of circumstances which would justify fresh
consideration on merits of the prayer for anticipatory bail by the
petitioner. Except that time has elapsed and the investigation
must have proceeded further, no other change of circumstance is
urged before me.
3. The learned Public Prosecutor submits that while it is
true that the investigation has made further progress, the
B.A.No.5768/07 2
progress made by the investigation only shows that the
allegations against the petitioner are better substantiated.
Nothing has been revealed in the subsequent investigation by
which the petitioner can claim any benefit or advantage.
4. I have considered all the relevant inputs. I find no
change of circumstances which would justify fresh consideration
for an application for anticipatory bail. I am satisfied that the
decision taken already that the petitioner does not deserve to be
granted anticipatory bail by order dated 22/11/2006 in
B.A.No.6797/2006 does not deserve any alteration/change. The
petitioner must resort to the ordinary and normal procedure of
appearing before the investigating officer or the learned
Magistrate. She must then seek regular bail in the ordinary
course.
5. In the result, this petition is dismissed. Needless to
say, if the petitioner surrenders before the investigating officer
or the learned Magistrate and applies for bail, after giving
sufficient prior notice to the Prosecutor in charge of the case,
the learned Magistrate must proceed to pass appropriate orders
on merits, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
B.A.No.5768/07 3
B.A.No.5768/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007