“High Court Denies Anticipatory Bail to Accused in Attempted Homicide Case; Forum-Shopping Tactics Condemned”

In a significant development, the High Court of Kerala, presided over by The Honourable Mr. Justice A. Badharudeen, delivered a crucial judgement on Friday, the 21^st day of July 2023, denying anticipatory bail to the petitioner/accused, Bipin Sunny, in a case pertaining to Crime No.27/2023 of Aloor Police Station, Thrissur. The accused, aged 28 years, was charged with wrongful restraint and attempting to cause culpable homicide not amounting to murder.

The court heard arguments from the petitioner’s counsel, the counsel for the de facto complainant, and the learned Public Prosecutor. The prosecution alleged that on January 7, 2023, the accused wrongfully restrained the de facto complainant and attempted to harm him, resulting in injuries. The prosecution invoked Sections 341, 325, and 308 of the Indian Penal Code (IPC) against the accused.

Interestingly, this was the second application for anticipatory bail filed by Bipin Sunny, after an earlier plea was dismissed by the High Court in a detailed order (Annexure 3). The petitioner’s counsel contended that there were changes in circumstances, and other accused in related cases had been granted anticipatory bail.

However, the court was not swayed by the petitioner’s arguments. Upon examining the case diary and considering the earlier order, the court found the petitioner’s complicity in the incident to be prima facie established. Consequently, the court opined that arrest and custodial interrogation of the accused were necessary to recover the weapon used in the alleged crime.

Furthermore, the court expressed deep concern over the petitioner’s actions in filing an anticipatory bail application before the Sessions Court after suppressing the dismissal of the earlier application by the High Court. In this regard, the court emphatically deprecated such forum-shopping tactics and suppression of facts, emphasizing that second or successive anticipatory bail applications, after dismissal by the High Court, must be filed before the High Court itself.

In its final verdict, the High Court dismissed the bail application and directed the registry to forward a copy of the order to all Sessions Judges in the state, stressing the importance of adhering to judicial decorum and discipline.

Date of Decision: 21st July 2023

BIPIN SUNNY  vs STATE OF KERALA