Md.Jalal Khan, v. State Of Telangana.,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRLP .NO:7477 of 2015 Between:
1 Md.Jalal Khan, s/o.Md.Karamath Khan, 2 S.Yuvaraj Naidu, s/o.S.Kuppa Swamy Naidu ..... Petitioners/Accused No.15 & 16 AND 1 State of Telangana, Represented by the Public Prosecutor, High Court of Judicature at Hyderabad.
2 A.Santosh Kumar, s/o.A.Veeraiah, R/o.H.No.18-3-463/1/202/1, Shivaji Nagar, Rajanna Bavi, Aliabad, Hyderabad.
.....Respondents/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest in connection with the Crime No.218/2015 pending on the file of Pahadi Shareef Police Station, Cyberabad. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Thakur Singh, Advocate for the Petitioner and of Public Prosecutor(TG) for the respondent No.1, the Court made the following.
This Criminal Petition is filed under Sec.438 of Cr.P.C. seeking anticipatory bail in the event of arrest of the petitioners/A15 & A16 in Cr.No.218 of 2015 of Pahadishareef Police Station, Cyberabad, registered for the offences under sections 420,448,471,506 r/w.Sec.34 IPC and under Sections 3 & 4 of Land Grabbing Act.
Heard both sides. Perused the record.
Basing on a private complaint being forwarded by the concerned Magistrate, the above crime is registered. It is alleged by the de facto complainant that the petitioners/A15 & A16 and others impersonated him and by forging his signatures executed documents as if the de facto complainant sold the property. It is further alleged that when the de facto complainant questioned, the petitioners/A15 and A16 and other accused threatened him, criminally trespassed and grabbed his landed property.
..2..
It is alleged that there are civil disputes in between the petitioners herein, de facto complainant and others with regard to the disputed property. The contents of the complaint show that the dispute is purely civil in nature. Considering the above, I feel that it is a fit case where the petitioners/A15 & A16 can be granted anticipatory bail on certain terms. Accordingly, this Criminal Petition is allowed. The petitioners/A15 & A16 are directed to surrender before the III Metropolitan Magistrate, Cyberabad at L.B.Nagar, within 15 days from today, and on such surrender, the learned Magistrate shall enlarge the petitioners/A15 & A16 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 sum to his satisfaction, subject to condition that they shall not interfere with the investigation, shall not intimidate or induce any of the witness acquainted with the facts of the case, shall cooperate with the Investigating Officer and shall make themselves available as and when required. Pending miscellaneous applications, if any, shall stand closed in consequence.
Sd/- G. Rajeshwar Rao ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Special Court under A.P.Land Grabbing (PROH) Act, BRKR Govt. Complex, II Floor, Tank Bund Road, Hyderabad
2. The III Metropolitan Magistrate-cum-Special Court for Land Grabbing Act, Cyberabad
3. The XIV Metropolitan Magistrate, L.B.Nagar, Cyberabad
4. The Station House Officer, Pahadi Shareef Police Station, Cyberabad
5. Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT)
6. One CC to Sri Thakur Singh, Advocate (OPUC)
7. One spare copy.
Note: The satisfaction Court is corrected as "III Metropolitan Magistrate, Cyberabad a L.B. Nagar" in place of "XIV Metropolitan Magistrate, Cyberabad at L.B.Nagar" Substitut this order in place of previous order which was already dispatched on 6-08-2015 Sd/- G. Rajeshwar Ra Asst. Registra
HIGH COURT MSKJ,J DATED: 05.08.2015 (amended dated 17-08-2015) (amended order) CRLP. NO:7477 of 2015
DIRECTION HIGH COURT GK Dated : 06.08.2015 MSKJ,J DATED: 05.08.2015 CRLP. NO:7477 of 2015
DIRECTION