IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF MAY, WO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE: M. S.K. JAISWAL CRL.P. No. 5312 OF 2014 Between:
P. Sujathamma W/o P. Venkata Thimma Reddy Petitioner/Accused No.
1 (in Cr, No.64 of 2014 on the file of P.S. Betamcherla, Kurnool District) AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad.
Respondent/Respondent COUNSEL FOR THE PETITIONER: Sri S. Sreenivasa Sarma COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Sections 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to direct the Betamcherla Police Station, Kurnool District to release the petitioner on bail in the event of her arrest in connection with Crime No. 64 of 2014 on the file of Betamcherla Police Station, Kurnool District.
THE COURT MADE THE FOLLOWING ORDER “Heard both sides.
This petition under Section 438 of the Code of Criminal Procedure is filed by the petitioner-A.1 for her release in the event of her arrest in connection with crime No.64 of 2014 of Betamcherla Police Station, Kurnool District, registered for an offence punishable under Sections 379, 411 of Indian Penal Code and 21 (4) of the Mines & Mineral (Regulation & Development) Act.
The case of the prosecution is that on 21.03.2013 the accused were doing illegal iron ore business and stocked the same in their lands.
The record discloses that the crime came to be registered on the basis of a private complaint and in between the accused and the de facto complainant several civil disputes as well as criminal cases are pending. The specific case of the petitioner-accused is that as a counter blast to the complaint filed by the accused, present complaint came to be lodged resulting in registration of present crime.
Petitioner-A.1 is a woman aged about 36 years and is said to be the permanent resident of Kolvulapalli Village, Betamcherla Mandal, Kurnool District.
(Contd. 2. ) . 2 .
Considering the above, this petition is allowed and the petitioner-
A.1 is directed to surrender before jurisdictional Magistrate concerned within two weeks from today and on such surrender she shall be enlarged on bail on her executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the likesum each to the satisfaction of the said Magistrate. Further, she is directed to appear before the investigation officer as and when required and co- operate with the investigation agency during enquiry.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Judicial First Class Magistrate, Dhone, Kurnool District.
2. The Station House Officer, Betamcherla Police Station, Kurnool District.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
4. One CC to Sri S.Sreenivasa Sarma, Advocate (OPUC)
5. One Spare copy BV HIGH COURT MSKJ.J DATED: 23-05-2014 ANTICIPATORY BAIL CRL.P.NO.5312 OF 2014 BAIL DRAFTED: BY BV DATED : 23-05-2014 HIGH COURT MSKJ.J DATED: 23-05-2014 ANTICIPATORY BAIL CRL.P.NO.5312 OF 2014 BAIL