Aakiri Aswritha v. State Of A.P., Rep By Its P.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 205 of 2018 Between:
Aakiri Aswritha, D/o. Aakiri Srinivasa Rao Petitioner (Accused in Cr.No.301/2016 of Nellore V Town P.S., SPSR Nellore Dist) AND The State of Andhra Pradesh, rep by its Station House Officer, Nellore V Town Police Station, Nellore Town, SPSR Nellore District, rep. by the Public Prosecutor for Andhra Pradesh, High Court of Judicature at Hyderabad, for the State of Telangana and 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 direct the SHO of Nellore V Town P.S., Nellore Town, SPSR Nellore District to enlarge the Petitioner on bail in the event of her arrest by the Police - Nellore V Town P.S. in FIR.No. 301 of 2016 dateds. 08-07-2016.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri N.Ashwani Kumar, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused, in Crime No.301 of 2016 on the file of Nellore V Town Police Station, SPSR Nellore District. The offences alleged are under Sections 420, 467, 468 and 471 of I.P.C.
2.
Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State and perused the record. 3.
Learned counsel for the petitioner submits that this case pertains to the admission, which the petitioner got in A.C.S.R. Government Medical College, Nellore, in the year 2016. He further submits that, after the admission of the petitioner, it was found by the management that she did not fulfil the test of local candidature and that she submitted a false certificate. But now the learned counsel for the petitioner submits that the petitioner subsequently applied for N.E.E.T and secured a better rank and, consequently, she got fresh admission in another private institution, based on the rank that she secured in the N.E.E.T. 4.
Considering the above facts, and more so that the petitioner is a woman and is a student prosecuting M.B.B.S. course, this court opines that this is a fit case for granting anticipatory bail.
5.
Accordingly, the Criminal Petition is allowed. The petitioner/accused is directed to surrender before the Station House Officer, Nellore V Town Police Station, S.P.S.R. Nellore District, within 15 days from the date of this order. On such surrender, the petitioner/accused shall be released on bail on her executing 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:
1) The petitioner shall make herself available for interrogation by a police officer as and when required;
..2..
2) 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; and
3) The petitioner shall not leave India without the previous permission of the Court.
As a sequel, the miscellaneous applications, if any pending, shall stand closed."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The SHO, Nellore V Town Police Station, Nellore Town, SPSR Nellore District.
2. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
3. One CC to Sri N.Ashwani Kumar, Advocate(OPUC)
4. One spare copy.
SAH
HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 205 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 22-01-2018 HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 205 OF 2018 ANTICIPATORY BAIL