Mokharala Srinivasa Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.3257 of 2015

ORDER

The petitioner, who is the sole accused, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with Crime No.69 of 2015 of Medikonduru Police Station, Guntur District, registered for the offence punishable under Section 379 IPC and under Section 3 of PDPP Act.

2. The case of the prosecution is that the petitioner excavated soil from the Government land as well as patta land for his personal use without obtaining any permission from the concerned authorities.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

4.

A perusal of the material on record would disclose that on 07.03.2015, the petitioner excavated soil from the Government land as well as patta land for his personal use without any authority. In view of the same, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner, if so advised, can surrender before the Court concerned and move an application for bail after giving prior notice to the Public Prosecutor, which shall be dealt with in accordance with law either on the same day or at the earliest.

5. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

__________________________ JUSTICE C. PRAVEEN KUMAR 16th April, 2015 sj