IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE DR JUSTICE K.G. SHANKAR CRL.P. No. 4669 of 2014 Between:-
Kudithipudi Vijaya Prasad S/o. Venkateswara Rao.
..... Petitioner/Accused No.3 in Crime No. 61 of 2014 of Anakapalle Rural P.S., Visakhapatnam District.
AND State of Andhra Pradesh, Rep. 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 grant petitioner anticipatory bail directing his enlargement in the event of his arrest in connection with FIR.No. 61 of 2014 of Anakapalle Rural Police Station, Visakhapatnam District on such terms and conditions as deemed fit and proper by the Court.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri K. Sarvabhouma Rao, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of Respondent-State, the Court made the following.
ORDER:-
“The petitioner is A.3. He seeks for grant of anticipatory bail. He allegedly committed an offence under Section 5 of the Explosive Substances Act.
The learned counsel for the petitioner submitted that the petitioner holds licence to exploit a quarry and that he engaged a third party to attend to blasting operations.
The learned Additional Public Prosecutor submitted that A.1, A.2 and others used gelatine sticks unauthorizedly for blasting operations in the quarry leading to the offence u/s.5 of Explosive Substances Act.
The learned counsel for the petitioner, on the other hand, submitted that the operations were resorted authorizedly as the petitioner holds licence to exploit the quarry.
In view of the allegation of the petitioner that the petitioner is the licence holder to exploit the quarry and in view of his further allegation that he engaged the third party to attend to blasting operations, I consider it appropriate to enlarge the petitioner on anticipatory bail.
Contd..2..
- 2 -
Consequently, the Criminal Petition is allowed.
The petitioner shall surrender before the V Metropolitan Magistrate, Anakapalli, Visakhapatnam District, within two weeks from today. On such surrender, the learned Magistrate shall enlarge the petitioner on bail on a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties in a like sum to his/her satisfaction.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR Contd….2..
To
1. The II Additional Metropolitan Sessions Judge, Visakhapatnam..
2. The V Metropolitan Magistrate, Anakapalli, Visakhapatnam District.
3. The Station House Officer, Anakapalle Rural Police Station, Visakhapatnam District (Cr.No. 61 of 2014)
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri K. Sarvabhouma Rao, Advocate (OPUC)
6. One Spare Copy.
TKK HIGH COURT KGS.J DATE: 28-04-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 4669 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.
DRAFTED BY TKK DT.29-04-2014.
HIGH COURT KGS.J DATE: 28-04-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 4669 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.