VINEETH Vs. STATE OF KERALA

JUDGEMENT

(1.) Is it legal and proper for a person apprehending arrest in a non-bailable offence, whose application under Section 438 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.") was dismissed by the High Court or the Court of Sessions, as the case may be, to approach the same court with successive applications seeking the relief without establishing any change in the circumstances Is it proper on the part of the Court of Sessions to entertain a bail application filed by an accused after the dismissal of his previous application by the High Court These questions of importance are raised in this petition.

(2.) Heard both sides.

(3.) This application by the petitioner, apprehending arrest in Crime No. 559 of 2015 of Pandalam Police Station, is the third in succession. He, along with other accused, is involved in offences punishable under Sections 143, 144, 148, 149, 447, 323, 324 and 326 of the Indian Penal Code (in short, "IPC"). There are specific allegations against the petitioner that he was armed with a dangerous weapon, viz., an iron rod and he unleashed attack on the defacto complainant causing serious injuries.