Point of Law: Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances.

ORDER :

This is the second application for anticipatory bail, filed by the sole accused in Crime No.27/2023 of Aloor Police Station.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. I have perused the case diary, as such, placed by the learned Public Prosecutor.

4. The prosecution case is that, on 07.01.2023, at about 11.00 a.m., when the de facto complainant reached Muriyad, the accused herein wrongfully restrained the de facto complainant and attempted to prod on his abdomen, with intention to commit culpable homicide not amounting to murder. Since the de facto complainant evaded, the same caused abrasion on the abdomen. Thereafter, the accused again stabbed the de facto complainant and the same caused deep injury on his right wrist. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 325 and 308 of the Indian Penal Code.

5. Earlier, the anticipatory bail plea, at the instance of the petitioner, was dismissed by a detailed order, as per Annexure 3 order in B.A.No.269/2023, dated 2.3.2023. The contention raised by the parties and the finding of this Court as per the earlier order is as under:

“5. While pressing for anticipatory bail to the petitioner, the learned counsel for the petitioner would submit that the petitioner is innocent. According to him, crime No.21/2023 of Aloor police station was registered initially, where the allegation was that accused Nos.1 to 50 therein, after forming into an unlawful assembly, attacked the defacto complainant and others therein due to animosity arose out of an occurrence whereby they left ‘Muriyad Zion Sabha’. Annexure A2 is the copy of FIR placed by the learned counsel for the petitioner to substantiate registration of the said crime. It is submitted by the learned counsel for the petitioner further that in consequences of the said occurrence, the defacto complainant was attacked by the 1st accused, who is unknown, on 07.01.2023 at about 12 hours while the followers of ‘Muriyad Zion Sabha’ were orchestrating an agitation before the house of the defacto complainant. Thus, it is argued that this case vide crime No.27/2023 is one registered as a counter blast against the case registered at the instance of the petitioner vide FIR No.26/2023. It is argued further that FIR No.26/2023 was registered at the instance of the petitioner herein is a subsequent occurrence after Annexure A2 FIR (Crime No.21/2023 of Aloor police station). Accordingly, the learned counsel would submit that the petitioner is innocent and allegations are false and therefore, he is liable to be released on bail. He has expressed the willingness of the petitioner to co-operate with the investigation to aid the investigation while pressing for anticipatory bail.

6. Whereas the learned counsel for the defacto complainant filed a detailed counter along with photographs showing overt acts at the instance of the petitioner. He also would submit that the defacto complainant in this case is a native of Tamil Nadu and he has no connection with the occurrence narrated in FIR No.21/2023 or FIR No.26/2023. According to the learned counsel for the defacto complainant, the petitioner was attacked by the accused/the petitioner herein without any rationale and thereby he sustained deep injuries, as could be borne out from the photographs also, apart from the medical documents. Accordingly, he zealously opposed grant of anticipatory bail.

7. The learned Public Prosecutor also expressed the view of the learned counsel appearing for the defacto complainant pointing out the necessity of custodial interrogation to have recovery of weapon, while strongly opposing grant of anticipatory bail.

8. While addressing the rival contentions, I have perused the FIS and the FIR in this crime (Crime No.27/2023 of Aloor police station). In this crime, the specific allegation is that at 11 am on 07.01.2023, the accused herein r