[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V
Q.21 “Even though the principles of res judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances”. Those are the observations made by the Supreme Court in State of Tamil Nadu v. S.A. Raja AIR 2005 SC 4462 – K. G. Balakrishan, P. P. Naolekar – JJ). The Court has a duty to record what are the fresh grounds which persuade the Court to take a view different from the one taken in the earlier bail applications ; Prasad Shrikant Purohit v. State of Maharashtra 11 SCC 458 = AIR 2017 SC 3986 – R. K. Agrawal, A. M. Sapre - JJ) In non-bailable offences bail is the rule and committal to jail, an exception. In Jayaraj v. State of Kerala – 2009 KLT 653 – Thomas P. Joseph – JJ, it has been held that a subordinate criminal Court cannot entertain a petition for bail after a Superior pourt has declined to grant bail on merits, unless it is for default bail; See also Virupakshappa Gowda v. State of Karnataka 5 SCC 406 = AIR 2017 SC 1685 – Dipak Misra, A. M. Khanwilkar - JJ; Akhilesh Kumar Singh v. State of U. P. AIR 2008 SC 1680 – 3 Judges – K. G. Balakrishan – CJI, R. V. Raveendran, D. K. Jain - JJ ; Ram Govind Upadhyaya v. Sudarshan Singh AIR 2002 SC 1475 – Umesh C. Banerjee, Y. K. Sabharwal - JJ; State of T. N. v. S. A. Raja AIR 2005 SC 4462. NOTE BY VRK: One reason why, unlike in the case of non-bailable offences where the Magistrate can cancel the bail by recourse to Section 437 Cr.P.C., there is no provision in Section 436 Cr.P.C.
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