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High Court for State of TelanganaCRLP/131/2018allowed no costs

Kondapalli Chandra Sekhar Rao , Chandra Sekhar , Chandram v. State Of A.P Rep By Its P.P

2018-02-05T. Rajani4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 131 of 2018 Between:

Kondapalli Chandra Sekhar Rao @ Chandra Sekhar @ Chandram, S/o. Venkata Rama Rao Petitioner (Accused No.9 in Cr.No.26/2017 of Machavaram P.S., Guntur District, A.P.) AND State of Andhra Pradesh, rep by its Public Prosecutor at High Court of A.P. Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to grant anticipatory bail to petitioner in the event of his arrest in connection with Crime No. 26 of 2017 by the Police of Machavaram Police Station, Guntur District, Andhra Pradesh pending trial 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 A.Srinath, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A9, in Crime No.26 of 2017 on the file of Machavaram Police Station, Guntur District. The offences alleged are under Sections 147, 148, 302 r/w 149 IPC. 2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

At the hearing, the counsel for the petitioner, however, restricts his prayer only for granting of interim bail for a period of one month, on the ground that the petitioner requires by-pass surgery. He also furnished the medical record pertaining to Nizam's Institute of Medical Sciences wherein Coronary Artery Bypass Graft (CABG) was suggested.

4.

Hence, considering the above, this court is not inclined to go into the merits of the case and the fact that the earlier bail application was dismissed by this court.

5.

Accordingly, the Criminal Petition is partly allowed granting interim anticipatory bail. The petitioner is directed to surrender immediately before the Station House Officer, Machavaram Police Station, Guntur District. On such surrender, the petitioner shall be released on interim bail for a period of one month starting from 07.02.2018, on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

i) The petitioner shall make himself available for interrogation by a police officer as and when required.

ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) The petitioner shall not leave India without the previous permission of the Court.

..2..

As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The X Additional Sessions Judge, Gurazala, Guntur District.

2. The SHO, Machavaram Police Station, Guntur District.

3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

4. One CC to Sri A.Srinath, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 05-02-2018

ORDER

CRL.P.NO. 131 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 07-02-2018 HIGH COURT TRJ DATED: 05-02-2018

ORDER

CRL.P.NO. 131 OF 2018 ANTICIPATORY BAIL