Saju @ Shajahan, vs State Of Kerala

The petitioner herein is the 11th accused in Crime No. 391 of 2016 of the Chalissery Police Station, registered under Section 376(D) read with Section 34 of the Indian Penal Code. He seeks pre-arrest bail for the second time. His first application for pre-arrest bail filed as B.A.No. 7354 of 2016 was dismissed by this Court on 24.10.2016, on the ground that his interrogation in custody is absolutely necessary for proper and effective investigation. This Court also observed that if he so opted, he could very well surrender before the Investigating Officer for necessary interrogation, and after such interrogation, the request for bail would be considered by the court below having jurisdiction. The petitioner waited for months, and the Police would say that he has been still absconding. Now he brought a second application for pre-arrest bail when he got information that investigation is going to be conclude. The police report shows that only as against the first accused, the Police has submitted final report in court, and as against the others, investigation is not yet completed. In the above circumstances, a second application for pre-arrest bail cannot be entertained. The findings made by the court earlier, and the grounds found by the court for rejecting the request, still subsist. The petitioner will have to surrender before the Investigating Officer, or before the court below having jurisdiction. His request for regular bail will be appropriately considered by the court below, and a judicious decision will be taken. I am not inclined to entertain this second application because, there is no exceptional circumstance or special reason to entertain the second request. There is no reason for a change in thought as regards pre-arrest bail.

Hence, this petition is disposed of, with observation that if the petitioner so opts, he can very well surrender before the Investigating Officer, or before the court below having jurisdiction, and make a request for regular bail. Once such a request is made, it shall be judiciously and appropriately considered by the court below on the date of application itself.