GANDHI Vs. STATE GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, who is a teacher, filed this petition for anticipatory bail apprehending arrest for his alleged complicity for having caused the death of one Viswam. He earlier moved this court for anticipatory bail in Crl Petition No. 1529/91 after a similar application filed by him in Crl. Petition No. 1295/91 was rejected by the First Additional Sessions Judge, Chittoor. This court rejectedCrl;.Petition No. 1529/91. He filed the present application stating that there were changed circumstances, justifying the filing of the second application for anticipatory bail.

(2.) The matter had earlier come up before my learned brother Justice Iyyapu Pandurangarao on 15-10-91 and the learned Judge directed that the matter may be placed before the Hon'ble the Chief Justice for orders with regard to the posting of the matter before a Division Bench or before another learned single Judge. The matter has come up before me, as referred to above.

(3.) The learned Public Prosecutor submits that a second application for grant of anticipatory bail under Section 438 Cr.P.C. is not maintainable. He relied on Malla Ramarao vs. the State in Crl. Petition No. 1459/91 (1) where learned Single Judge, Radhakrishna Rao relying on Amia Kumar vs. State ' of West Bengal 2 rejected the application for anticipatory bail for a second time, as not maintainable after the rejection of the first application.