Mohanraj vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 25, 2023

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Citation: sooperkanoon.com/1330932
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 25, 2023
Case Number: Bail Appl./226/2023

Parties & Advocates

Appellant / Petitioner

Mohanraj

Respondent

State of Kerala

Excerpt

.....having come up for admission on 25.01.2023, the court on the same day delivered the following:bechu kurian thomas, j.-------------------------------- b.a.no.226 of 2023 --------------------------------- dated this the 25th day of january, 2023orderthis is an application seeking pre-arrest bail filed under section 438 of the code of criminal procedure, 1973.2. petitioners are the accused in crime no.1716/2022 of attingal police station, thiruvananthapuram, alleging offences punishable under sections 450, 376, 376(2)(n), 506, 323 and 294(b) of the indian penal code, 1860.3. on an earlier occasion, this court had rejected the bail application of the petitioner, filed as ba.no.9797/2022 by order dated20.12.2022. the present application has been filed pointing out that there was an omission to bring to the notice of this court annexure 3 complaint allegedly filed by the petitioner before the district police chief, thiruvananthapuram dated 11.11.2022. the learned counsel submits that the fir in the present case was filed on 16.11.2022 subsequent to the complaint filed by the petitioner and since the said circumstance amount to a change of circumstance, this court has to consider the bail application again.4. on a perusal of annexure 3, i notice that the complaintpurported to have been filed before the district police chief, thiruvananthapuram and send by post on 11.11.2022. there is nothing to show the date of receipt or any action having been initiated pursuant to such a complaint. merely because the complaint had been send by post through speed post cannot by itself amount to a change of circumstance, to revisit the dismissal of the earlier bail application. since no other change of circumstances have been pointed out, i find no merit in this bail application as it is nothing other than a review which is legally impermissible. hence the bail application is dismissed. bechu kurian thomas, judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 25TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944 CRIME NO.1716 OF 2022 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ ACCUSED : MOHANRAJ, AGED 34 YEARS, S/O MOHANAN, JALAJAMANDIRAM, VILAVOORKONAM, VELLALLOOR.P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN - 695 601 BY ADVS. P.ANOOP (MULAVANA) THANIMA S. RESPONDENTS/ STATE/ DEFACTO COMPLAINANT : STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 BY SMT.SEETHA S., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
-------------------------------- B.A.No.226 of 2023 --------------------------------- Dated this the 25th day of January, 2023

ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioners are the accused in Crime No.1716/2022 of Attingal Police Station, Thiruvananthapuram, alleging offences punishable under Sections 450, 376, 376(2)(n), 506, 323 and 294(b) of the Indian Penal Code, 1860.

3. On an earlier occasion, this Court had rejected the bail application of the petitioner, filed as BA.No.9797/2022 by order dated

20.12.2022. The present application has been filed pointing out that there was an omission to bring to the notice of this Court Annexure 3 complaint allegedly filed by the petitioner before the District Police Chief, Thiruvananthapuram dated 11.11.2022. The learned counsel submits that the FIR in the present case was filed on 16.11.2022 subsequent to the complaint filed by the petitioner and since the said circumstance amount to a change of circumstance, this Court has to consider the bail application again.

4. On a perusal of Annexure 3, I notice that the complaint

purported to have been filed before the District Police Chief, Thiruvananthapuram and send by post on 11.11.2022. There is nothing to show the date of receipt or any action having been initiated pursuant to such a complaint. Merely because the complaint had been send by post through speed post cannot by itself amount to a change of circumstance, to revisit the dismissal of the earlier bail application. Since no other change of circumstances have been pointed out, I find no merit in this bail application as it is nothing other than a review which is legally impermissible. Hence the bail application is dismissed. BECHU KURIAN THOMAS, JUDGE RKM

Same Court & Year Kerala Orders · 2023 Same Parties Mohanraj vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas