IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 327 of 2008() ---------------------------- CRIME NO.102/07 OF TIRUNELLY POLICE STATION PETITIONER : ACCUSED: ------------------------- VARKEY @ VARGHESE, S/O.PATHROSE, AGED 72, PALLICHAMKUDY HOUSE, MUDIRAMOOLA, POST PAYYAMPALLY, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. SUB INSPECTOR OF POLICE, TIRUNELLY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 327 OF 2008 ------------------------------------------------- Dated this the 21st day of January, 2008 ORDER Second application for anticipatory bail. The petitioner is the 1st accused, he being the father-in-law of the de facto complainant. He, along with the co-accused – his children, had come to this Court seeking anticipatory bail and by order dated 4/1/08 in B.A.No.8063/07, this Court had considered his claim for anticipatory bail and had rejected the same with the observation that he must surrender and seek regular bail. In this 2nd application for anticipatory bail, a renewed request is made for issue of directions under Sec.438 of the Cr.P.C. 2. The earlier application for anticipatory bail having been dismissed and the same having become final, it is for the petitioner to show change in circumstances, if any, which can justify the issue of directions under Sec.438 of the Cr.P.C. now. B.A. No. 327 OF 2008 -: 2 :- Except that the petitioner is aged 72 years and is hypersensitive, no other grounds are urged. Annexure-IV Medical Certificate is also pressed into service. 3. Having considered all the circumstances, I do not find any such change in circumstances available in this case which can justify the renewed different consideration of the prayer for anticipatory bail. I confirm that the petitioner must surrender and seek regular bail in the ordinary course. 4. In the result, this bail application is dismissed; but again with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge