IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRL.P. NO:5629 of 2014 Between:
Gopidi Sree Ram Reddy S/o. G.Anthi Reddy, Owner of Lorry bearing No. AP-29-TB-5972, R/o. H.No. 3-9-52/1, Sree Ram Nagar Colony, Mansoorabad, Saroor Nagar, R.R. District.
. Petitioner/Accused No.2 AND State of A.P., through SHO, Midjil Police Station, Mahabubnagar District, rept. by the Public Prosecutor, High Court of A.P., Hyderabad.
. Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner/accused No. 2 on anticipatory bail in the event of his arrest by the SHO, Midjil Police Station, Mahabubnagar District in FIR No. 62 of 2014 dated 21-04-2014 to abide by the condition or conditions that might be imposed by this Hon'ble Court.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri K.V. Raghuveer, Advocate for the Petitioner and of the Public Prosecutor, for the Respondent, the Court made the following.
ORDER:
“This Criminal Petition under Section 438 Cr.P.C. is filed by the petitioner/A-2 seeking release in the event of his arrest in connection with Crime No.62 of 2014 of Midjil Police Station, Mahabubnagar District, registered for the offences under Sections 379 IPC and Sections 27 and 35 of A.P.WALTA and Section 3 of PDPPA.
Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor representing the State.
Learned counsel appearing for the petitioner submits that the petitioner is the owner of the vehicle, which was allegedly involved in illegal transport of sand.
Obviously, the petitioner was not present at the time of the alleged illegal transportation of sand and the offence under Section 379 I.P.C. is not attracted. Therefore, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the Criminal Petition is allowed. The petitioner/A2 is directed to surrender before the Station House Officer, Midjil Police Station, Mabubnagar District, within a period of twenty days from today, and on such surrender, he shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer.”
//TRUE COPY// To Sd/- P.SRINIVASULU ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Principal Sessions Judge, Mahabubnagar, Mahabubnagar District
2. The Judicial First Class Magistrate, Kalwakurthy, Mahabubnagar District
3. The Station House officer, Midjil Police Station, Mahabubnagar District
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri K.V. Raghuveer, Advocate (OPUC)
6. One Spare Copy HIGH COURT AB DRAFTED ON 29-5-2014 CKRJ DATE: 29-5-2014 ORDER CRL.P. NO. 5629 OF 2014 DIRECTION