HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No. 5191 OF 2014
ORDER:
The present application is filed under Section 439 (2) CrPC by the State seeking cancellation of anticipatory bail granted to the petitioner/Accused vide Order dated 17.04.2014 passed in Crl.M.P. No.570 of 2014 by the III Additional Sessions Judge, Kurnool at Nandyal.
The petitioner along with others are alleged to have committed the offence punishable under Sections 302, 201, 120(B), 109 read with 34 IPC of Uyyalawada Police Station, Kurnool District. By an order dated 17.04.2014 the III Additional Sessions Judge, Kurnool at Nandyal granted anticipatory bail to the petitioner on the ground that the petitioner is only a conspirator and he did not actually participate in the commission of the offence. While granting anticipatory bail, the court imposed a condition that the petitioner shall report before the Station House officer, Uyyalawada Police Station on the 1st and 15th day of every month between 10.30 a.m., to 11.30 a.m., until further orders, which condition was said to have been relaxed totally.
Heard both sides.
Though the present application is filed seeking cancellation of anticipatory bail, the learned Public Prosecutor submits that since the investigation is still pending awaiting for the call data, it would be appropriate to impose a condition directing the petitioenr to appear before the concerned Police Station till completion of investigation and filing of charge-sheet. The learned counsel for the respondent opposed the same.
In view of the submission made by the learned Public Prosecutor and as the investigation is still pending, the order under challenge is modified by directing the respondent/accused to report before the Uyyalawada Police Station once in a week i.e., on every Sunday between 10.00 a.m., and 5.00 p.m. for a period of 8 weeks or till filing of charge-sheet whichever is earlier.
With the above modification, the criminal petition is disposed of.
JUSTICE C. PRAVEEN KUMAR Dt:16.12.2014 GM