IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P. NO:4319 of 2014 Between:
1. Yerra Sonu S/o Narsimha
2. Para Raju S/o Para Balaiah
3. Kommu Ramulu S/o Balaiah
4. Vanka Sudhakar S/o Laxmaiah
5. Muthyam Ramesh @ Mekham Ramesh
6. Pandi Ramesh S/o Late Laxmaiah
7. Yerra Kumar S/o Narsimha
8. Baindla Mallesh S/o Chandraiah
9. Baindla Yadagiri S/o Chandraiah
10. Kanagantla Mahesh S/o Mallesh
11. Vanka Parusharam S/o Shankaraiah
12. Indrapally Ramulu S/o Balaiah
13. Baindla Ramesh S/o Yellaiah
14. Karre Das S/o Balaiah
15. Chirra Bhasker S/o Ailaiah
16. Kannu Ajay S/o Yadaiah
17. Pannala Krishna Reddy S/o Malla Reddy
18. Kallem Manohar Reddy S/o Veera Reddy
19. Vanka Bikshapathi S/o Balaiah
20. Karre Yadaiah S/o Tulasaiah . Petitioners/Accused AND The State, through SHO P.S. Meerpet, rep. by 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 anticipatory bail to the petitioners/Accused by directing the SHO, PS Meerpet, Cyberabad, or any arresting officer to enlarge the petitioners/ Accused anticipatory bail in the event of their arrest in connection with the Crime No.180 of 2014 of PS Meerpet, Cyberabad on such terms and conditions as this Hon'ble court may deem fit and proper in the interest of justice.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Madhusudhan Reddy Gavinolla, Advocate for the Petitioners and of the Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (For short, ‘the Cr.P.C.’) is filed by the petitioners-accused to grant pre-arrest bail, since they are apprehending arrest in connection with Crime No.180 of 2014 of Meerpet Police Station, for the offences punishable under Sections 147, 148, 307, 332, 504, 506, 188 IPC and Section 3 of PDPP Act, 1984 and Section 127 of RP Act read with 149 IPC and 171 (B) IPC.
2. The case of the prosecution is that 30 persons including the petitioners beat the police officials while they are discharging their duties.
3. A2 to A4, A6 to A10, A27 were already enlarged on bail by order dated 3.4.2014 by the learned Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar.
4. The specific case of the petitioners is that they are innocent of the offence and they are falsely implicated in this case due to the election disputes.
5. Learned Additional Public Prosecutor opposed the bail on the ground that the offence alleged against the petitioners is a serious one.
6. As per the material available on record, the offence is not so serious and since some of the accused were enlarged on bail, by applying the principles of parity as held by the Apex Court in Izharul Haq Abdul Hamid Shaikh and another vs., State of
[1]
Gujarat the petitioners can be granted pre-arrest bail.
7. In the result, the Criminal Petition is allowed. The petitioners are directed to surrender before the Station House Officer, Meerpet Police Station. On such surrender, the Station House Officer, Meerpet, is directed to enlarge the petitioners on bail on each of them executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like to the satisfaction of the said SHO.”
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1. The II Metropolitan Magistrate, Cyberabad, L.B.nagar, Hyderabad.
2. The Station House Officer, Meerpet Police Station, Cyberabad
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. One CC to Sri Madhusudhan Reddy Gavinolla, Advocate (OPUC)
5. One Spare Copy HIGH COURT AB DRAFTED ON 9-5-2014 MSMJ DATE: 8-5-2014 ORDER CRL.P. NO. 4319 OF 2014 DIRECTION
[1] 2009(2) ACR 1232(SC)