IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY , THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE DR JUSTICE K.G.SHANKAR CRLP .NO:4568 of 2014 Between:
1 Jampana Madeena @ Kanaka Mahalakshmi W/o Dhana Raju,
2 Jampana Dhana Raju, S/o Muthyala Rao,
3 Anagani Kamala Sujatha @ Sujatha W/o Suresh, . Petitioners/Accused Nos.2,3 & 5 AND The State of A.P. Rep. by its 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 release the petitioners on bail in the event of their arrest in connection with Crime No.21 of 2014 on the file of the Bhimavaram I Town P.S., W.G. District.
The petition coming on for hearing, upon perusing the petition and the Memo of grounds filed herein, and upon hearing the arguments of SRI K. V. L. NARASIMHA RAO, Advocate for the Petitioners and of the Public Prosecutor, for the Respondent, the Court made the following.
ORDER The petitioners seek for grant of anticipatory bail. They are accused 2, 3 and 5. They allegedly committed matrimonial offences. As the offences are triable by a Judicial Magistrate of First Class, it would be appropriate for the petitioners to surrender before the Trial Court and to move the Trial Court for grant of regular bail.
2. However, petitioners 1 and 3, who are accused 2 and 5, are women. In view of their sex, I consider it appropriate to enlarge the petitioners 1 and 3/accused 2 and 5 on anticipatory bail.
3. Accordingly, this petition is allowed so far as the petitioners 1 and 3/accused 2 and 5 are concerned. The petitioners 1 and 3/accused 2 and 5 shall surrender before the II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District within 2 (two) weeks from today. On such surrender, the learned II Additional Judicial Magistrate of First Class, Bhimavaram shall release them on bail on a bond of Rs.10,000/- (Rupees ten thousand only) each with two sureties each in a like sum to his satisfaction.
4. So far as petitioner No.2/accused No.3 is concerned, this petition is disposed of granting liberty to him to surrender before the trial Court and to move the trial Court for grant of regular bail. In such an event, uninfluenced by any part of this order, the learned trial Judge shall dispose of such an application on merits on the same day on which it is filed.
5. Accordingly, this petition is allowed in part.
SD/-P.SREENIVASULU //TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The III Additional District and Sessions Judge, Bhimavaram, West Godavari District.
2. The II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District.
3. The Station House Officer, I Town Police Station, Bhimavaram, West Godavari District.
4. Two CC’s to the Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
5. One CC to SRI K. V. L. NARASIMHA RAO, Advocate (OPUC)
6. One spare copy. BRT HIGH COURT DR KGSJ DATED: 28-4-2014 ORDER:
CRL.P.NO.4568 OF 2014 BAIL HIGH COURT BRT DRAFTED ON: 29-4-2014 DR KGSJ DATED: 28-4-2014 ORDER:
CRL.P.NO.4568 OF 2014 BAIL