IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1051 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.465/2008 CRIME 28/08 OF CHENGAMANAD POLICE STATION .................... PETITIONERS/ACCUSED 3 TO 7: -------------------------------------------- 1. SETHU, AGED 32 YEARS, S/O. MADHAVAN, EDATHALASSERY HOUSE,POIKKATTUSSERRY 2. VIJI, AGED 27 YEARS, S/O. VIDHYADHARAN, CHERIYAN PARAMB HOUSE, POIKKATTUSSERRY. 3. SAJEEV P.C., AGED 24, S/O. CHANDRAN, PUTHENVEEDU, POIKKATTUSSERRY. 4. SAJEEV P.C., AGED 29 YEARS, S/O. NARAYANAN NAIR, KONNANATT HOUSE, POIKKATTUSSERRY. 5. RATHEESH K.R., AGED 26 YEARS, S/O. RAJAPPAN, KURUPPARAMBU HOUSE. BY ADV. SRI.C.D.JOHNY RESPONDENTS: COMPLAINANT: ------------------------- STATION HOUSE OFFICER, CHENGAMANAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON 22/02/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1051 OF 2008 ```````````````````````````````````````````````````` Dated this the 22nd day of February, 2008 O R D E R This is the 2nd application for anticipatory bail filed by the petitioners who had come to this Court earlier and suffered the order dated 30.1.08 in BA.465/08. They have not challenged the said order. They have not surrendered before the Magistrate or the investigating officer as directed in that order. They have again come to this Court with a prayer that they may be granted anticipatory bail. 2. It is trite that the earlier order of anticipatory bail having been dismissed, it is for the petitioners to show change of circumstances, if any, to justify a different renewed consideration of their application for anticipatory bail. Called upon to explain the change of circumstances, if any, the learned counsel for the petitioners only submits that accused Nos.1, 2 and 8, who are co-accused, were arrested and were BA.1051/08 : 2 : granted regular bail by this Court. They were directed to be released on bail with effect from a future date and there was a direction that every endeavour must be made to complete the investigation by that date. That order has not been produced before me. I assume that such an order has been passed. But even that order cannot be reckoned as sufficient change of circumstances to justify a different renewed consideration of the petitioners' claim for anticipatory bail. The learned Public Prosecutor submits that there is no change of circumstances and the investigation conducted has not, in any way, revealed any evidence favourable to the petitioners. 3. I am, in these circumstances, satisfied that this petition only deserves to be dismissed. I do so. (R.BASANT, JUDGE) aks