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Guidelines On Filing Of Subsequent Bail Applications for same crime

A Full Bench of Kerala High Court in Firos Ali v. State of Kerala, has issued guidelines pertaining to filing of subsequent bail applications for same crime. The Bench comprising of Chief Justice Mohan M. Shantanagoudar, Justice Thottathil B. Radhakrishnan and Justice K.T. Sankaran clarified a few doubts that were raised in the principle that was laid down in a previous Supreme Court judgment in Shahzad Hasan Khan v. Ishtiaq Hasan Khan and followed through in subsequent cases. According to the result of the successive apex court judgments, the judicial discipline requires that if successive bail applications are filed by the same accused in the same crime, the matter must be placed before the same judge who disposed of the earlier application, if he is available for orders, in order to 1.    Prevent abuse of the process of court; 2.   To prevent an impression being created that a litigant is avoiding or selecting a court to secure an order to his liking; 3.   ...