IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH THURSDAY, THE TENTH DAY OF JULY, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE DR JUSTICE B. SIVA SANKARA RAO CRL.P. No. 7478 of 2014 Between:-
Vabili Reddy Mani Deepak @ Mani @ Phani S/o. V. Chandrashekar.
..... Petitioner/Accused No.1 in Crime No. 223 of 2014 on the File of Miyapur Police Station, Ranga Reddy District.
AND The State, through Station House Officer, P.S.Miyapur, Ranga Reddy District, 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 enlarge the petitioner/Accused No.1 on bail in Crime No. 233 of 2014 dated 27- 03-2014 of Miyapur Police Station, Cyberabad.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri Ch. Vidyasagar, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent-State, the Court made the following.
ORDER:-
“The Criminal Petition is filed under Sections 437 and 439 Cr.P.C by the petitioner/A-1 in Crime No.233/2014 of Miyapur Police Station, Hyderabad registered for the offence punishable U/Section 395 IPC.
2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. The case of the prosecution is that on 27.03.2012 at about 2.30 am (early hours) after completion of duty while he was proceeding towards his home by auto after completion of duty and when he was near Hafeezpet Fly Over, at about 3.40 am the accused persons came on two bikes and stopped him with the pretence of asking about some address, rounded him and threatened and beat him and forcibly snatched his gold chain and robbed micro max cell phone, purse which contains Rs.1800/- cash, SBI debit card, HDFC Credit Card, Aadhar Card and Voter ID and fled away.
4. The petitioner-A1 went unsuccessful twice in the attempt of getting regular bail showing the propensity of the crime and in the larger interest of society.
Contd..2… - 2 -
5. Undisputedly, A-3 enlarged on bail leave it as it is, this petitioner is admittedly 22 years and some of the accused were juveniles, taking into consideration of his age and nothing to show his bad antecedents instead of keeping him in jail for the investigation, is completed with no progress by considering the personal liberty, bail is granted 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 arresting authority, otherwise giving liberty to the petitioner to submit before the Judicial Magistrate of First Class having the jurisdiction for taking to custody and enlarge. The bond to be obtained is not only to appear before the court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or pre committal enquiry before said Court, but also thereafter on committal before the Court of Sessions or by virtue of any transfer of proceedings for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before revisional or appellate Court or other superior Court - vide decision-Pre-Legal Aid Committee, Jamshedpur vs
[1]
State of Delhi ; so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting their further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
[2] Petitioner shall report before the Station House Officer concerned on everyday Wednesday and Sunday till filing of the charge sheet and thereafter alternative Sunday till end of trial/enquiry between 10.00 AM to 4.00 PM for assurance of their availability and non-interference in any manner with the witnesses.
[3] Petitioner shall not enter the area where the victim and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.
[4] 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 Magistrate can also issue NBW by canceling the bail from the power under section 439 [2] Cr.PC. delegated to the learned Magistrate by this order during pendency of proceedings before the Magistrate.
[5] Petitioner shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
Contd…3… - 3 -
[6] 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 Magistrate 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 Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
[7] 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.
[8] If there is any crime pending or if at all committed in future the police are at liberty for cancellation of bail by virtue of this order as part of this bail conditions granted.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Additional Metropolitan Sessions Judge, Cyberabad at L.B. Nagar.
2. The IX Metropolitan Magistrate at Kukatpally, Miyapur, Cyberabad.
3. The Station House Officer, Miyapur Police Station, Cyberabad. (Cr.No.223/2014)
4. The Superintendent, Central Prison, Cherlapally, Ranga Reddy District.
5. Two CCs to the Public Prosecutor, High Court at Hyd(OUT)
6. One CC to Sri Ch. Vidyasagar , Advocates (OPUC)
7. One Spare Copy. TKK HIGH COURT SSRB.J DATE: 10-07-2014 BAIL ORDER CRL.P. No. 7478 OF 2014 RELEASE THE PETITONER ON BAIL DRAFTED BY TKK DT.10-07-2014.
HIGH COURT SSRB.J DATE: 10-07-2014 BAIL ORDER CRL.P. No. 7478 OF 2014 RELEASE THE PETITONER ON BAIL
[1] 1982 [2] APLJ 43 (SC)