Guidelines issued to prevent Forum Shopping in Bail cases
Having regard to the aforementioned discussion on
the subject, we issue the following guidelines:
a) The subsequent bail application by the same
accused will be entertained only if there is
change of circumstance for filing such
application.
b)Subsequent bail application filed by the same
accused shall be heard by the learned Judge who
has considered and passed orders on the earlier
bail application/applications in the same
crime.
c) The application filed by the co-accused may be
considered and ordered by any other learned
Judge having roster during the relevant point
of time and such application need not be placed
before the Judge who passed orders earlier on
the application filed by another accused.
d) The subsequent bail application filed by the
same accused in the same crime during Onam and
Christmas holidays may wait for orders till the
end of the said holidays, in case, if the
learned Judge who has passed orders on the
earlier application is not available for orders
during those holidays or if he is not
designated as a Vacation Judge.
e) In case if the subsequent bail application is
filed by the same accused during summer
vacation and if the learned Judge who passed
earlier order is not available for orders or if
he is not a designated Vacation Judge, the memo
filed under section 8 of the High Court Act on
behalf of the accused-applicant be listed
before the learned Judge nominated to hear the
bail applications during the summer vacation.
However, the fact that an earlier bail
application in the same crime is dismissed is
to be brought to the notice of that Vacation
Judge. The factor of listing the matter during
summer vacation or refusing to do so can be
decided by the learned Vacation Judge sitting
in summer vacation.
f) If the learned Judge who passed order on the
earlier bail application filed by the same
accused in the same crime is sitting in the
Division Bench, the subsequent application for
bail may be brought to the notice of the
Hon'ble the Chief Justice by the Registry so as
to enable the Hon'ble the Chief Justice to make
necessary arrangement to have a special sitting
of the said learned Judge.
g) The counsel for the accused who is filing the
subsequent application for bail in the same
crime shall mention in the application seeking
bail about the disposal of earlier bail
application filed by this very accused. A copy
of the order passed on such application earlier
in respect of the same accused shall also be
produced along with the second or successive
bail applications.
h) It is the duty of the Public Prosecutor
concerned to bring to the notice of the court,
as far as possible, about the earlier bail
application filed by the same accused as well
as about any application filed by the co-
accused in the same crime and the result
thereof, either by filing the statement of
objections or at least at the time of arguments
on the bail application.
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR
MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
MR.JUSTICE K.T.SANKARAN
1ST DAY OF SEPTEMBER 2016
Bail Appl..No. 797 of 2015 ()
FIROS ALI,
Vs
STATEOF KERALA
the subject, we issue the following guidelines:
a) The subsequent bail application by the same
accused will be entertained only if there is
change of circumstance for filing such
application.
b)Subsequent bail application filed by the same
accused shall be heard by the learned Judge who
has considered and passed orders on the earlier
bail application/applications in the same
crime.
c) The application filed by the co-accused may be
considered and ordered by any other learned
Judge having roster during the relevant point
of time and such application need not be placed
before the Judge who passed orders earlier on
the application filed by another accused.
d) The subsequent bail application filed by the
same accused in the same crime during Onam and
Christmas holidays may wait for orders till the
end of the said holidays, in case, if the
learned Judge who has passed orders on the
earlier application is not available for orders
during those holidays or if he is not
designated as a Vacation Judge.
e) In case if the subsequent bail application is
filed by the same accused during summer
vacation and if the learned Judge who passed
earlier order is not available for orders or if
he is not a designated Vacation Judge, the memo
filed under section 8 of the High Court Act on
behalf of the accused-applicant be listed
before the learned Judge nominated to hear the
bail applications during the summer vacation.
However, the fact that an earlier bail
application in the same crime is dismissed is
to be brought to the notice of that Vacation
Judge. The factor of listing the matter during
summer vacation or refusing to do so can be
decided by the learned Vacation Judge sitting
in summer vacation.
f) If the learned Judge who passed order on the
earlier bail application filed by the same
accused in the same crime is sitting in the
Division Bench, the subsequent application for
bail may be brought to the notice of the
Hon'ble the Chief Justice by the Registry so as
to enable the Hon'ble the Chief Justice to make
necessary arrangement to have a special sitting
of the said learned Judge.
g) The counsel for the accused who is filing the
subsequent application for bail in the same
crime shall mention in the application seeking
bail about the disposal of earlier bail
application filed by this very accused. A copy
of the order passed on such application earlier
in respect of the same accused shall also be
produced along with the second or successive
bail applications.
h) It is the duty of the Public Prosecutor
concerned to bring to the notice of the court,
as far as possible, about the earlier bail
application filed by the same accused as well
as about any application filed by the co-
accused in the same crime and the result
thereof, either by filing the statement of
objections or at least at the time of arguments
on the bail application.
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR
MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
MR.JUSTICE K.T.SANKARAN
1ST DAY OF SEPTEMBER 2016
Bail Appl..No. 797 of 2015 ()
FIROS ALI,
Vs
STATEOF KERALA
