Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court

The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained.

In this case, the first and second anticipatory bail applications moved by the accused was dismissed by the High Court. The third bail application was allowed observing that six months have passed from the date of dismissal of earlier anticipatory bail application. The court had also taken note of the fact that accused was aged 69 years.

In appeal, the bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari disagreed with the High Court approach of granting bail without referring to some crucial facts noted in the status report. None of the reasons cited by the learned Judge, in our opinion, can be said to be just basis to show indulgence to respondent, the court added.

"As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge.", the bench said.

To observe sobriety, we refrain from making any further observation, except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to respondent and affect the trial against him, the court added while allowing the appeal.

CASE: G.R. ANANDA BABU vs. STATE OF TAMIL NADU [ SLP(Crl.)No. 213 of 2021]

CORAM: Justices AM Khanwilkar, BR Gavai and Krishna Murari

CITATION: LL 2021 SC 48

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