Petition under Section 438 Cr.P.C. 2. Petitioner is the third accused in Crime No.295/2014 of Agaly Police Station, registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that they, in furtherance of their common intention, decided to commit the murder of one Selvakumar alias Crime Selvakumar, abducted him by Bolero Car bearing Reg.No.TN 20 AT 3033 and committed the murder of the deceased Selvakumar inside the car, by strangulating him and also by inflicting injuries on him, and thereafter threw away the body at the side of Agali-Mannarcaud public road at 10 p.m on 8.6.2014.
B.A.No.8528 of 2014 2
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Earlier seeking the very same relief the petitioner had brought this Court through B.A.No.7716 of 2014 and the same was dismissed by this Court vide order dated 05.11.2014. There is absolutely no change of circumstances. The present bail application is nothing but an abuse of process of this court. This petition cannot be entertained. The allegations against the petitioner are very grave and serious. The contents of the C.D. primafacie reveal the complicity of the petitioner. The investigation of the case is not over. Much discussion is not required to conclude that the petitioner is not entitled to the discretionary relief of anticipatory bail, in a case like this.
In the result, this bail application is dismissed.
B.KEMAL PASHA, JUDGE
sj8/12