IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1243 of 2008() ----------------------------- CRIME NO.463/2007 OF VALIYATHURA POLICE STATION : PETITIONERS/ACCUSED: ------------------------------------- 1. ALIYAMMA ANTONY, W/O.J.ANTONY, RESIDING AT TC.32/686(3), SEEMA BHAVAN,BALANAGAR, TITANIUM P.O., THIRUVANANTHAPURAM. 2. GIJI MOL ANTONY, D/O. ALIYAMMA, RESIDING AT -DO- -DO-. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION & REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1243 of 2008 ---------------------------------------- Dated this the 7th day of March 2008 O R D E R This is the second application for anticipatory bail. The petitioners had come to this court earlier claiming anticipatory bail in a crime registered alleging the offence punishable under Section 308 I.P.C. Facts have been referred to in detail in the common order dated 23/1/2008 passed by this court. The petitioners were held to be not entitled for anticipatory bail. The said order has not been challenged by the petitioners. The petitioners have come again to this court with the renewed prayer for grant of anticipatory bail. It is by now trite that when an earlier order rejecting anticipatory bail is not challenged and the petitioners come again to this court claiming anticipatory bail, it is incumbent on the petitioner to show the change of circumstances which can justify a fresh renewed favourable consideration of the prayer for anticipatory bail. 2. Called upon to explain to the court the change of circumstances, if any, the learned counsel for the petitioner only reiterates the contentions that were raised earlier that against the petitioners, no valid allegations even are there to justify their indictment. B.A.No.1243/08 2 3. I am afraid, no change of circumstance warranting or justifying a fresh renewed consideration of the present application for anticipatory bail has been shown to exist. About an admitted incident which took place, allegations and counter allegations were raised and crimes under Section 308 I.P.C has been registered against the rival contestants. I am not persuaded to agree that any circumstances exist for me now to undertake the fresh renewed consideration of the prayer for anticipatory bail. 4. This petition is accordingly dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1243/08 3 B.A.No.1243/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007