IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4512 of 2009 CRIME NO.592 OF 2008 OF OTTAPALAM POLICE STATION, PALAKKAD PETITIONER/ACCUSED -------------------------------------- MUTHALI,S/O. HYDER, PADINJARETHIL HOUSE, AMBALAPPARA, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4512 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 2009 O R D E R The petitioner has filed this Bail Application under Section 438 of the Code of Criminal Procedure apprehending arrest in Crime No.592 of 2008 of Ottapalam Police Station. The petitioner had filed B.A.No.5785 of 2008 on an earlier occasion and that was dismissed by the order dated 19.9.2008. The petitioner has suppressed the fact of dismissal of the earlier Bail Application in the present Bail Application. He has engaged another counsel and moved the second Bail Application. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A girl aged 13 years is the victim. The fact that the petitioner had filed an application for bail on an earlier occasion was brought to the notice of the court by the learned Public Prosecutor. 3. Confronted with this situation, learned counsel for the petitioner sought permission to withdraw the Bail Application. It is stated by the B.A. NO.4512 OF 2009 :: 2 :: counsel that he was not instructed about the dismissal of the application for bail on an earlier occasion. But, the party is aware of the dismissal of the earlier Bail Application. Therefore, he should not take advantage of the situation. The Bail Application is accordingly dismissed with costs of Rs.2,500/-. (K.T.SANKARAN) Judge ahz/