IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF APRIL, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE DR JUSTICE K.G. SHANKAR CRL.P. No. 3816 of 2014 Between:-
1. Imam Saheb S/o. Lal Saheb
2. Abdul Kareem @ Basha S/o. Abdul Sattar 3.Sabirunnisa W/o. Shaik Imam.
..... Petitioners/Accused Nos. 1, 3 & 4 in Crime No. 113 of 2014 On the file of Rajahmundry I Town P.S., East Godavari District.
AND The Station House Officer, Rajahmundry I Town P.S., East Godavari District, The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, 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 grant Anticipatory Bail in Crime No. 113 of 2014 on the file of Rajahmundry I Town Police Station, East Godavari District, directing the police to release the petitioners in the event of their arrest in the interests of justice.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri Mangena Sree Rama Rao, Advocate for the Petitioners and of the Public Prosecutor on behalf of Respondent-State, the Court made the following.
ORDER:-
The petitioners are A.1, 3 and 4. They seek for grant of anticipatory bail. They allegedly committed offences under Sections 448, 354(A)(2), 323, 506 read with 34 IPC, which are triable by a Judicial Magistrate of First Class, it would be appropriate for the petitioners to surrender before the trial Court and move the trial Court for grant of regular bail. However, the 2nd petitioner is stated to be a Secondary Grade Teacher, working in MPT School. He is thus a Government servant. The 3rd petitioner is a lady. In view of the calling of the 2nd petitioner and sex of the 3rd petitioner, I consider it appropriate to enlarge petitioners 2 and 3 on anticipatory bail.
Consequently, this Criminal Petition is allowed in so far as petitioners 2 and 3 are concerned. Petitioners 2 and 3 shall surrender before the 2nd Additional Judicial Magistrate of First Class, Rajahmundry, within two weeks from today. On such surrender, the learned 2nd Additional Judicial Magistrate of First Class, Rajahmundry, shall enlarge petitioners 2 and 3 on bail on a personal bond of Rs.10,000/- (Rupees ten thousand only) each with two sureties each in a like sum to his satisfaction. So far as the first petitioner is concerned, the criminal petition is disposed of giving liberty to the first petitioner to surrender before the trial Court and move the trial Court for grant of regular bail. In such an event, the Trial Court shall consider such an application on merits, without being influenced by any part of this order, and shall dispose of the same on the same day on which it is filed.
ASSISTANT REGISTRAR //TRUE COPY// - 2 -
For ASSISTANT REGISTRAR Contd…2… To
1. The II Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District.
2. The Station House Officer, Rajahmundry I Town Police Station, East Godavari District.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. One CC to Sri Mangena Sree Rama Rao, Advocate (OPUC)
5. One Spare Copy.
TKK HIGH COURT KGS.J DATE: 22-04-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 3816 OF 2014 RELEASE THE PETITONER NOS. 2 & 3 ON BAIL IN THE EVENT OF THEIR ARREST.
DRAFTED BY TKK DT.23-04-2014.
HIGH COURT KGS.J DATE: 22-04-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 3816 OF 2014 RELEASE THE PETITONER NOS. 2 & 3 ON BAIL IN THE EVENT OF THEIR ARREST.