Majeesh K.Mathew vs State Of Kerala on 13 August, 2018

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Kerala High Court

Majeesh K.Mathew vs State Of Kerala on 13 August, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

              MONDAY, THE 13TH DAY OF AUGUST 2018 / 22ND SRAVANA, 1940

                          Bail Appl..No. 5286 of 2018
                                 ------------
         CRIME NO. 1309/2018 OF PALA POLICE STATION, KOTTAYAM DISTRICT



PETITIONER(S)/4TH ACCUSED:


       MAJEESH K.MATHEW,
       AGED 39 YEARS, S/O.K.U.MATHEW,
       KOCHUMALALAYIL HOUSE,
       VETTIMUKAL P.O.,
       ETUMANOOR, KOTTAYAM.

       BY ADVS.SRI.K.S.HARIHARAPUTHRAN
               SRI.GEORGE MATHEW
               SRI.M.D.SASIKUMARAN
               SRI.SUNIL KUMAR A.G
               SRI.DIPU JAMES
               SRI.SETHURAM DHARMAPALAN
               SMT.BHANU THILAK




RESPONDENT(S)/COMPLAINANT & DE-FACTO COMPLAINANT:

1.     STATE OF KERALA,
       REPRESENTED BY STATION HOUSE OFFICER,
       PALA POLICE STATION,
       KOTTAYAM DISTRICT - 685 575,
       THROUGH PUBLIC PROSECUTOR,
       HIGH COURT OF KERALA,
       ERNAKULAM, KOCHI - 682 031.

2.     NISHA JOSE,
       AGED 44 YEARS, W/O.JOSE K.MANI,
       KARIGOZHACKAL HOUSE, VELLAPAD PO,
       PALA, MEENACHIL TALUK,
       KOTTAYAM DISTRICT - 685 575.

      BY PUBLIC PROSECUTOR SMT.REKHA C. NAIR


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-08-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


KRJ

                RAJA VIJAYARAGHAVAN V, J.
                  ----------------------------------
                     B.A.No.5286 of 2018
                  ----------------------------------
             Dated this the 13th day of August, 2018


                            ORDER

The applicant herein had approached this Court earlier seeking anticipatory bail by a considered order, copy of which is produced as Anenxure-A2, the same was dismissed. He has yet again approached this Court seeking the very same relief.

2. It is by now settled that a person will be entitled to move the High Court or the Court of Session, as the case may be, for the second time. He can do so only on the ground of substantial change in the facts and circumstances of the case due to subsequent events. However, he will not be entitled to move the second application on the ground that the Court on earlier occasion failed to consider any particular aspect or material on record or that any point then available to him was not agitated before the Court. This Court in Vineet V State of Kerala (2015 (5) KHC 224) had deprecated the practice of filing repeated bail applications without any substantial change in circumstances.

B.A.No.5286 of 2018 2

3. Having considered the submissions advanced and after going through the materials on record, I find no compelling reason to take a different view now.

This application will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V., JUDGE rp //True copy// PA to Judge

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