MALLA RAMARAO Vs. STATE

JUDGEMENT

(1.) This is an application u/S. 438 of Code of Criminal Procedure for the grant of an anticipatory bail by the accused in Cr. No. 39 of 1991 to Kottur Police Station, Srikakulam District who were charged for the offence u/Ss. 302, 324 read with 34, IPC.

(2.) The petitioners unsuccessfully made attempts both before the Sessions Court twice and one time in this Court for grant of anticipatory bail. After the dismissal of their application before the Sessions Court, they moved this Court for the Grant of anticipatory bail which met the same fate. Again they tried their luck before the Sessions Court but of no avail. For the second time they are before this Court seeking anticipatory bail. Their plea is that they have been implicated in the case due to malice and enmity, that the Ist petitioner is a Branch Post Master and the second petitioner is a sick person suffering from isnophilia.

(3.) The learned Public Prosecutor strongly opposed the application contending that second application u/S. 438, Cr.P.C. either before this Court or before the Sessions Court in connection with the same offence on the same grounds is not maintainable.