The single judge bench of the Andhra Pradesh High Court held that merely because the petitioners were able to abscond till the completion of the investigation and filing of the charge sheet cannot be a ground for allowing a second anticipatory bail application.
Brief facts
The present criminal petition is filed in order to seek anticipatory bail in the case registered for the offence under Section 304-II read with 34 of IPC.
Contentions of the Petitioner
The Petitioner submitted that previously the anticipatory bail was filed and the same was dismissed on the ground that the investigation was not completed. It was furthermore submitted that now the charge sheet has been filed.
Contentions of the State
The State submitted that the investigation is completed and the charge sheet is filed. It was furthermore submitted that the N.B.W. issued by the concerned court against the petitioners.
Observations of the court
The Hon’ble Court observed that it cannot be justified to grant anticipatory bail just because the petitioners cannot be apprehended before the investigation is concluded.
It was furthermore observed that it is not the case of the petitioner; they are eligible for anticipatory bail because they cooperated with the investigation. After their request for anticipatory bail was denied, the petitioners did not provide any documentation indicating that they complied with the investigating officer.
Based on these considerations, the court refused to grant anticipatory bail to the petitioners/A.2 to A.4 as filing of the charge sheet can’t be a ground for allowing a second bail application.
The decision of the court
With the above direction, the court dismissed the criminal petition.
Case no.: Criminal Petition No.370 of 2024
Coram: Hon’ble Mr. Justice T. Mallikarjuna Rao
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