SREEDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants are arraigned as accused 3 to 9 in Crime No.7/2020 of Excise Crime Branch, Ernakulam.

(3.) In case, a graver offence is included subsequently by the investigating agency, they can definitely seek for cancellation of the bail already granted to the applicants and it is for the trial court to decide whether the bail already granted be cancelled or not. But in the instant case, there is no graver offence included subsequently. The only change of circumstances is that since the further investigation was ordered, the applicants received notice from the present investigating agency since they want to elicit some more facts, and therefore, the bail already to the applicants may not be stand cancelled until so decided by the trial court for reasons to be stated. Hence, I find no reason regarding the apprehension of the applicants that they may be arrested again since the investigating agency is changed and the crime number is altered. Therefore, the applicants are at liberty to approach the jurisdictional court and in case it is found by the jurisdictional court to grant them fresh bail it is at liberty to do so, otherwise the bail granted earlier shall continue. With these observations, the bail application is disposed of.