Smt Subbakka v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.12548 of 2016 ORDER:

The petitioners, who are A.4 and A.5 in crime No.63 of 2016 of Parigi Police Station, Ananthapuram District, preferred the present application under Section 438 Cr.P.C. seeking release in the event of their arrest in connection with the above crime registered for the offence punishable under Sections 147, 148, 447, 427, 3245 and 302 r/w.149 of Indian Penal Code. The case of the Prosecution is that on 01.07.2016 at about 10.00 a.m. all the accused formed themselves into an unlawful assembly, armed with deadly weapons, trespassed into the landed property of the deceased, picked up quarrel with him and his family members, attacked and hacked the deceased with deadly weapons like axes, iron rods, sticks and caused instantaneous death of the deceased. Basing on these allegations, present case came to be registered.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

A perusal of the averments in the remand report establishes the presence and participation of the petitioners in the alleged offence. It is to be noted that due to the injuries sustained, the deceased died on the spot. Having regard to these circumstances, I am not inclined to consider the request of the petitioners for grant of anticipatory bail. However, it is always open to the petitioners to surrender before the concerned Court and move an

application seeking regular bail, in which event the same shall be considered in accordance with law at the earliest. Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR 08.09.2016 sur