IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2645 of 2009() ----------------------------------------- (CRIME NO.36/09 OF ARTHUNKAL POLICE STATION) PETITIONER/1ST ACCUSED: ------------------------------------------ JIJO,AGED 21 YEARS,S/O.JOHN JOSEPH, ARRESSERIL HOUSE,CHERTHALA SOUTH,PANCHAYATH WARD NO.14,ARTHUNKAL.PO,CHERTHALA,ALAPPUZHA. BY ADV. MR.V.P.MOHAMMED NIYAZ RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB-INSPECTOR OF POLICE,ARTHUNKAL POLICE STATION,CHERTHALA,ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------------------- B.A. No.2645 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the first accused in Crime No.36/09 of Arthunkal Police Station registered under sections 447, 323, 326, 506(i) read with 34 I.P.C. Petitioner along with accused Nos.2 and 3 had earlier filed bail application 2091 of 2009 for anticipatory bail before this court. Though the application of accused Nos. 2 and 3 were allowed and anticipatory bail was granted on 24.4.2009, the prayer for anticipatory bail for petitioner was rejected. This petition was again filed for anticipatory bail. 2. When this court had earlier considered the question whether petitioner is entitled to an anticipatory bail or not and positively found that he is not entitled to the anticipatory bail, he is not entitled to move another application for anticipatory bail. Petitioner is at liberty to surrender before that Magistrate and move an application for bail. If petitioner surrenders and moves an B.A.No.2645/09 2 application for bail, Magistrate is expected to pass orders in accordance with law, without any delay. The application is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE vps B.A.No.2645/09 2