Aneesh vs State Of Kerala
2021 Latest Caselaw 13966 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE ASHOK MENON
       TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                         BAIL APPL. NO. 3224 OF 2021
            CRIME NO.765/2019 OF CHIRAYINKEEZHU POLICE STATION
  AGAINST THE ORDER/JUDGMENT IN CRMC 1747/2019 OF DISTRICT COURT &
              SESSIONS COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:

             ANEESH
             AGED 28 YEARS
             S/O. SASIKUMAR,
             ASHA BHAVAN, CHARUVILA VEEDU, PARAYANAM COLONY,
             SASTHAVATTOM P.O., AZHOOR
             THIRUVANANTHAPURAM, PIN - 695305

             BY ADV SHAJIN S.HAMEED



RESPONDENT/S:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
             ERNAKULAM, PIN - 682031

             BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

             SRI.M.R DHANIL -PP




     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3224 OF 2021


                                       2




                                O R D E R

Dated this the 6th day of July, 2021

This is a successive application for anticipatory bail

under Section 438 of the Cr.P.C.

2. The petitioner is the 1st accused in Crime

No.765/2019 of Chirayinkeezhu Police Station for having

allegedly committed the offences punishable under Sections

143, 147, 148, 294(b), 323, 324, 341, 506(ii) and 308 read

with Section 149 of the I.P.C.

3. The petitioner and the rest of the accused had

approached this Court for anticipatory bail by filing

B.A.No.7994/2014 and, except the petitioner and the 2nd

accused, were granted anticipatory bail. The petitioner

and the 2nd accused were directed to surrender before the

investigating officer and apply for regular bail. The 2nd BAIL APPL. NO. 3224 OF 2021

accused allegedly surrendered, but the petitioner has not

yet surrendered. He has produced a disability certificate

showing that he is suffering from psychosis, and therefore,

he prays that he may be granted anticipatory bail

considering his health condition.

4. In view of the fact that the petitioner and the 2nd

accused, who were the main perpetrators of the crime using

the chopper and iron bar and the recovery of the weapons

have to be effected from them, the application for

anticipatory bail, being a discretionary relief, was

declined. The petitioner cannot approach this Court once

again for the same relief without there being a change in

circumstances. The application is therefore disposed of

with a direction to the petitioner to surrender before the

investigating officer within two weeks from today

positively and apply for regular bail before the

jurisdictional court on being produced before the court. BAIL APPL. NO. 3224 OF 2021

The application so filed shall be disposed of

expeditiously, preferably on the same day, taking note of

the physical condition of the petitioner.

Sd/-

ASHOK MENON JUDGE dkr