IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2541 of 2009 CRIME NO.498 OF 2008 OF KOTTAYAM EAST POLICE STATION. PETITIONER: 1ST ACCUSED: ------------------------------ JUSTINE PAUL, AGED 21 YEARS, S/O.SONY, PUTHUPARAMBIL, MUTTAMBALAM P.O., KOTTAYAM. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT: --------------- SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2541 OF 2009 ------------------------------------------------------ Dated this the 5th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.498 of 2008 of the Kottayam East Police Station. 2. The offence alleged against the petitioner is under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. Learned Public Prosecutor submitted that the petitioner had filed B.A.No.6690 of 2008 before this Court and that application was dismissed on 14.11.2008. A learned single Judge of this court, while disposing of the application along with another application, granted bail to the second and third accused, but stated that anticipatory bail cannot be granted to the first accused. In the facts and circumstances of the case and in view of the dismissal of B.A.No.6690 of 2008, I am of the view that the petitioner is not entitled to file another Bail Application for the same relief. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/