Sumesh K vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 03, 2024

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Citation: sooperkanoon.com/1297589
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jan 03, 2024
Case Number: Bail Appl./6290/2023

Parties & Advocates

Appellant / Petitioner

Sumesh K

Respondent

State of Kerala

Excerpt

.....ma 1/23 in ba 6290/23) by advs. for r1 and r2 by sri. t. jayan, public prosecutor for r3 by dileep s kallar s this bail application having come up for admission on 03.01.2024, the court on the same day delivered the following: :2 :orderthe petitioner is the accused in crime no.292/2023 of pattambi police station which was registered for the offence punishable under section 420 of the indian penal code.2. the prosecution case is that, on 14.11.2022 at about17.15 p.m. the petitioner came to the branch of the defacto complainant which is a financial establishment named ‘klm axiva finvest ltd.’ at pattambi and pledged spurious gold thereby obtained a gold loan for rs.1,82,000/-. the crime was registered in such circumstances and as the petitioner apprehended arrest in connection with the investigation of the said case, he approached this court earlier by filing an anticipatory bail as b.a. no.4255/2023.the said application was dismissed as per annexure-a2 ordertaking note of the fact that there were specific allegations and materials against the petitioner. this is the second application submitted by him.3. in this application, apart from the fact that some timehave elapsed since the date of the dismissal of the earlier application, nothing was highlighted as to the change in circumstances warranting entertainment of this application. it is a :3 : well settled position of law that, a second application for anticipatory bail can be made only in exceptional circumstances where the change in circumstances or change in legal proposition. in this case, no such situation is in existence. therefore, i do not find any merit in this application and accordingly it is dismissed. sd/- ziyad rahman a.a. judge ncd

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945 BAIL APPL. NO. 6290 OF 2023 CRIME NO.0292/2023 OF PATTAMBI POLICE STATION, PALAKKAD PETITIONER: SUMESH K AGED 45 YEARS S/O. SUKUMARAN RESIDING AT KOTTAYIL HOUSE, SANKARAMANGALAM, PATTAMBI, PALAKKAD DISTRICT, PIN - 679303 BY ADV S.SOUMYA ISSAC RESPONDENT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER PATTAMBI POLICE STATION, PALAKKAD DISTRICT, PIN - 3 KLM AXIVA FINVEST LTD ( IMPLEADED ) REPRESENTED BY ITS MANAGER 1ST FLOOR, KAIRALI TOWER, ABOVE FEDERAL BANK, MELE PATTAMBI,

PALAKKAD DISTRICT ( IMPLEADED AS R3 AS PER ORDER

DTD 18/9/2023 IN CRL MA 1/23 IN BA 6290/23) BY ADVS. FOR R1 AND R2 BY SRI. T. JAYAN, PUBLIC PROSECUTOR FOR R3 BY DILEEP S KALLAR S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :

ORDER

The petitioner is the accused in crime No.292/2023 of Pattambi Police Station which was registered for the offence punishable under Section 420 of the Indian Penal Code.

2. The prosecution case is that, on 14.11.2022 at about

17.15 p.m. the petitioner came to the branch of the defacto complainant which is a financial establishment named ‘KLM Axiva Finvest Ltd.’ at Pattambi and pledged spurious gold thereby obtained a gold loan for Rs.1,82,000/-. The crime was registered in such circumstances and as the petitioner apprehended arrest in connection with the investigation of the said case, he approached this Court earlier by filing an anticipatory bail as B.A. No.4255/2023.

The said application was dismissed as per Annexure-A2 order

taking note of the fact that there were specific allegations and materials against the petitioner. This is the second application submitted by him.

3. In this application, apart from the fact that some time

have elapsed since the date of the dismissal of the earlier application, nothing was highlighted as to the change in circumstances warranting entertainment of this application. It is a :3 : well settled position of law that, a second application for anticipatory bail can be made only in exceptional circumstances where the change in circumstances or change in legal proposition. In this case, no such situation is in existence. Therefore, I do not find any merit in this application and accordingly it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd

Same Court & Year Kerala Orders · 2024 Same Parties Sumesh K vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.