IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:4999 of 2014 Katcha Kishore Reddy S/o. Thulasi Ram, . Petitioner/A-1 AND State of Andhra Pradesh Rep by its Public Prosecutor High Court of Andhra Pradesh, Hyderabad.
. Respondent 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 to the petitioner in the event of his arrest in connection with Crime No. 103/2012, of II Town Police Station, Chirala Prakasham District in the interest of Justice.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri T. Kumar Babu, Advocate for the Petitioner and of the Addl. Public Prosecutor fort the Respondent, the Court made the following.
ORDER:
“The petitioner is accused No.1. He seeks for grant of anticipatory bail. He allegedly committed offences under Sections 366 and 498 read with Section 34 IPC.
It is alleged that the petitioner kidnapped a girl, by name Lavanya.
2. The learned counsel for the petitioner submitted that the petitioner married the said Lavanya, that the petitioner and Lavanya have been living happily and that they are living together.
3. The learned Additional Public Prosecutor, on the other hand, from the record pointed out that whereabouts of Lavanya are not known.
4. I consider that if the contention of the petitioner is true, the petitioner must be able to produce Lavanya before the Court. I also consider that in the event the petitioner produces Lavanya before the Court, it would be appropriate to enlarge him on anticipatory bail.
5. Consequently, this petition is allowed.
The petitioner/accused No.1 shall surrender before the Judicial Magistrate of First Class, Chirala, Prakasam District within two weeks from today. He shall produce Lavanya before the Court. After the learned Judicial Magistrate of First Class, Chirala satisfies himself regarding the identity of Lavanya and after examining her as to whether she is freely on her own volition staying with the petitioner, the petitioner shall be enlarged on bail by the learned Judicial Magistrate of First Class, Chirala on a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum to his satisfaction. It is made clear that production of Lavanya and satisfaction of the learned Judicial Magistrate of First Class, Chirala that Lavanya has been staying with the petitioner on her own volition are conditions precedent from grant of anticipatory bail to the petitioner.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, Chirala, Prakasam District
2. The Station House Officer, II Town Police Station, Chirala, Prakasam District
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. One CC to Sri T.Kumar Babu, Advocate (OPUC)
5. One Spare Copy HIGH COURT AB DRAFTED ON 5-5-2014 DR.KGSJ DATE: 29-4-2014 ORDER CRL.P. NO. 4999 OF 2014 DIRECTION