Cheruvupalli Malyadri v. The State Of A.P.

SMT JUSTICE T.RAJANI CRIMINAL PETITION NO.1479 OF 2018 ORDER:

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is A-15 in Crime No.3 of 2018 on the file of the Station House Officer, Veletivaripalem Police Station, Prakasham District. The offences alleged are under Sections 307, 324, 143,148 and 149 of the Indian Penal Code. Heard the learned counsel for the petitioner/A-15, learned Public Prosecutor appearing for the respondent-State, and perused the record.

The allegation against this petitioner is that he went to the spot and instigated A-1 and others, by expressing as to why the other group is still alive and instigated the other accused to kill the other group people. He is stated to be the Chairman of the Temple. In the light of the above contention and the contention that the petitioner has been falsely implicated and that the same would get support from the fact that some of the accused were deleted, cannot be considered, for the reason that deletion of other accused may be because of the investigation not revealing their presence or otherwise. But there is specific allegation against this petitioner that he instigated the other accused.

The nature of the allegations does not entitle the petitioner for grant of anticipatory bail.

Considering the facts and circumstances and nature of allegations, this Court opines that it is not a fit case for grant of anticipatory bail to the petitioner. However, the petitioner can surrender before the Court concerned and seek regular bail. On

such surrender, the concerned Court is directed to consider the bail application of the petitioner on merits and in accordance with law, on the same day subject to the regular pressure of work. With the above observation, this Criminal Petition is dismissed. Miscellaneous petitions, if any, pending shall stand dismissed.

______________ (T.RAJANI, J) 19th February 2018 RRB