IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTEENTH DAY OF JULY, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE DR JUSTICE B. SIVA SANKARA RAO CRL.P. No. 7996 of 2014 Between:-
Repani Prasad A-1) S/o. Thirupathaiah.
..... Petitioner/Accused No.1 in Crime No. 125 of 2014 on the File of Markapur Rural Police Station, Prakasam District.
AND The State of Andrha Pradesh, Rep. by its Public Prosecutor, High Court at Hyderabad.
. Respondent/Complainant.
Petition under Sections 437 & 439 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 petitioner on bail, pending trial in Crime No. 125 of 2014, Markapur Rural Police Station, Prakasham District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Smt A. Gayatri Reddy, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of respondent-State, the Court made the following.
ORDER:-
“This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/A1 in Crime No.125 of 2014, on the file of the Station House Officer, Markapur Rural Police Station, Prakasam District registered against him for the offence punishable under Section 5 of Explosive Substance Act.
2. Heard the learned counsel for the petitioner as well as the Additional Public Prosecutor. Perused the material placed on record.
3. This petitioner is A1 among two accused. As per the report of the S.I. of police, Markapur Rural Police Staion, dated 01.06.2014, on that day at about 5.30 p.m., on credible information of Explosive Substance, kept stock at the hosue of the petitioner/A1, they proceeded by securing the two mediators to search the said premises and on seeing the police party, the A1/petitioner was trying to escape with a card board box and they chased him and when questioned, he dislcosed the items contained in the card board bax and he opened and shown those contained INDRA SUPER 125 Grams 25 M Explosive Class-2 in English letters, 24-Slurry sticks and 4 Electrical Detonators and how he got it, when questioned, he stated that A2, Doss of Sundaraiah colony taken his compressor tractor with an understanding to give half of the amount of the earnings and 4 days back in the evening at about 7.00 p.m., he kept the tractor in the premises and noticed and took Slurry Sticks and Electrical Detonators from the tractor and kept it at his house and on seeing police party, out of fear, he was going to hide the same out of their knowledge and that he has no licence.
Contd….2… - 2 -
4. The crime registered for the offence punishable under Section 5 of Explosive Substance Act. A perusal of the case record discloses that the above material in the custody of A1 is not to use in any unsocial act for at best the blasting purposes of the quarrys or other materials of hillock to escavate.
5. Taking into consideration of these facts and he is in judicial custody since 01.06.2014, the bail is granted to the petitioner/A1 subject to the following conditions:
[1] Petitioner shall execute a self-bond for Rs.25,000/- [Rupees twenty five thousand only] with two sureties each for the like sum each to the satisfaction of the learned committal Magistrate (designated Court). The bond to be obtained is not only to appear before the Court for enquiry or trial and even after trial to appear before revisional or appellate Court or other superior Court - vide decision-Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that existence and enforceable, without even insisting his further presence, such recourse quickens the proceedings at other stages before that Court or other Court without loss of time and it also to some extent complies with the requirement of Section 437A Cr.P.C.
[2] Petitioner shall report before the investigating officer on every alternative day pending investigation and on every Sunday between 5.00 P.M to 6.00 P.M after filing of charge sheet and till completion of trial/enquiry for assurance of his availability to safeguard the interest of the prosecution of jumping bail and omission of similar crime and interference with witnesses particularly mediators to threaten until further orders being passed by the learned trial Judge relaxing the same, empowering him by virtue of this order.
[3] Petitioner shall attend before the Court of law regularly in enquiry and trial without fail, if not his bail shall be cancelled forthwith, without any further order so that, the learned Judge concerned can also issue NBW by canceling the bail from the power under section 439 [2] CrPC. delegated by this order during pendency of proceedings before the Court.
[4] Petitioner shall not leave the State pending enquiry/trial without prior permission of the learned trial Judge.
[5] Petitioner shall furnish his full address with property and Bank Account particulars and submit his passport/s if any, after enlargement of bail on the next hearing date before the Court concerned (for collecting by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial Court in the event of considering the need of awarding compensation under Section 357 CrPC. So to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under Section 437A CrPC. etc.), failing which it is open to the learned Judge concerned by virtue of the power conferred by this order to cancel the bail.
Contd…3… - 3 -
[6] The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioner/s as accused for hearing/enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Sec.439(2) CrPC. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 CrPC. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.”
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The I Additional Sessions Judge, Ongole, Prakasam District.
2. The Additional Judicial First Class Magistrate, Markapur, Prakasam District.
3. The Station House Officer, Markapur Rural Police Station, Prakasam District.
(Cr.No.125/2014)
4. The Superintendent, Sub-Jail, Markapur, Prakasam District.
5. Two CCs to the Public Prosecutor, High Court at Hyd(OUT)
6. One CC to Smt A. Gayatri Reddy , Advocates (OPUC)
7. One Spare Copy. TKK HIGH COURT SSRB.J DATE: 18-07-2014 BAIL ORDER CRL.P. No. 7996 OF 2014 RELEASE THE PETITONER ON BAIL DRAFTED BY TKK DT.21-07-2014.
HIGH COURT SSRB.J DATE: 18-07-2014 BAIL ORDER CRL.P. No. 7996 OF 2014 RELEASE THE PETITONER ON BAIL