Shaik Khader Basha, v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.2293 of 2017 ORDER:
This criminal petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to grant prearrest bail to the petitioners/A-1 to A-4 apprehending their arrest in connection with Crime No.28 of 2017 of Nellore Rural Police Station, SPSR Nellore District, registered for the offences punishable under Sections 290, 324 read with 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3(1)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
After arguing the matter for a while, learned counsel for the petitioners, seeks a direction from this Court to permit the petitioners/A-1 to A-4 to surrender before the Special Judge For Trail of Cases under the SCs/STs (POA) Act-cum-V Additional Sessions Judge, Nellore, and to move an application under Section 439 of Cr.P.C. for grant of bail and also seeks a direction to the learned Special Judge to consider their application on the same day.
Acceding to the request of learned counsel for the petitioners, without going into the merits of the case, I deem it appropriate to permit the petitioners/A-1 to A-4 to surrender before the Special Judge For Trial of Cases Under the SCs/STs (POA) Act-cum-V Additional Sessions Judge, Nellore, and to move an application for grant of bail, after due service of notice on the Public Prosecutor. In which event, the learned Special Judge is
MSM, J Crl.P.No.2293 of 2017 directed to decide the same, on the same day, in accordance with law.
With the above direction, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.
_____________________________________ M.SATYANARAYANA MURTHY, J Date: 24th March, 2017 KL
MSM, J Crl.P.No.2293 of 2017 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.2293 of 2017 Date: 24th March, 2017 KL