Mohammed Yousuf v. State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY NINTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT :

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 494 of 2018 Between:- 1.Mohammed Yousuf, S/o. Yakub (A-1) 2.Shaik Yousuf, S/o. Ameer (A-2) 3.Rafiya Begum, W/o. Mohd. Yousuf (A-4) 4.Mohmad Faruq, S/o. Sheru (A-6) 5.Mohammad Nayeem, S/o. Sheru (A-7) 6.Taj Begum, W/o. Yousuf (A-) 7.Mohmad Saleem, S/o. Sheru (A-9) 8.Mohamad hafiz @ Pappu, S/o. Sheru (A-10) 9.Mohamad Kaleem, S/o. Sheru, (A-11) ..... Petitioners/Accused Nos. 1, 2, 4 & 6 to 11. AND The State of Telangana, rep. by Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana And the State of Andhra Pradesh.

.....Respondent/Complainant.

Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioners on bial pending investigation, enquiry and trial in Crime No. 230 of 2017 of Asifabad Police Station. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri H. Prahlada Reddy, Advocate for the Petitioners and of Public Prosecutor(TS) on behalf of RespondentState, the Court made the following ORDER :- "This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioners, who are A1, A2, A4, A6 to A11, on bail in Crime No.230 of 2017 on the file of the Station House Officer, Asifabad Police Station.

2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.

3.

A perusal of the report shows that so far as the injuries that lead to the death of the deceased is concerned, it is only against A1 that he beat the deceased with an axe.

4.

Hence, this court opines that this is not a fit case for granting bail only to petitioner No.1. But considering the facts this court is inclined to grant bail to the other petitioners.

5.

Hence, considering the above circumstances, the Criminal Petition so far as petitioner No.1/A1 is concerned, is dismissed. So far as petitioner Nos.2 to 9, who are A2, A4, A6 to A11, are concerned, is allowed and the petitioner Nos.2 to 9 are directed to be enlarged on bail on condition of their executing personal bonds for a sum of Rs.30,000/- (Rupees thirty thousand only) each with two sureties each for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Asifabad, and to appear before the trial Court on the dates given by the concerned Court.

Contd.2...

- 2 - As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Principal District and Sessions Judge, Adilabad. 2.The Judicial Magistrate of First Class, at Asifabad. 3.The Station House Officer, Asifabad Police Station, Asifabad District. 4.The Superintendent, Sub-Jail, Asifabad.

5.Two CCs to the Public Prosecutor(TS), High Court at Hyd.(OUT) 6.One CC to Sri H. Prahlada Reddy, Advocate(OPUC) 7.One spare copy.

TKK

HIGH COURT TR.J DT.29-01-2018.

BAIL ORDER CRL.P.No. 494 of 2018 RELEASE THE PETITIONERS ON BAIL.

DRAFTED BY TKK DT.29-01-2018.

HIGH COURT TR.J DT.29-01-2018.

BAIL ORDER CRL.P.No. 494 of 2018 RELEASE THE PETITIONERS ON BAIL.