Divesh Kumar v. The State Of Ap.

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1559 of 2016 ORDER:

The petitioner, who is an accused in Crime No.22 of 2014 of Mandapeta Town Police Station, East Godavari District, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in the above crime registered for the offences punishable under Sections 489-B, 489-C read with Section 34 of IPC.

A perusal of the material on record would show that on 30.10.2014, non-bailable warrant came to be issued against the petitioner as he failed to attend the Court when his name was called out. On the same day, it was stated by the police that the petitioner herein produced fake sureties. Thereafter, on 01.11.2014 he was arrested and produced before the trial Court. Thereafter, Crl.P.No.13505 of 2015 came to be filed, which was rejected by this Court on 29.12.2015.

Learned counsel for the petitioner mainly submits that one of the accused died and there are many changed circumstances which required consideration.

Since the request of the petitioner was rejected once, and having regard to the change in circumstances, if any, the Criminal Petition is disposed of giving liberty to the petitioner to move an application for bail before the trail Court after giving prior notice to the Public Prosecutor, in which event the same shall be dealt with in accordance with law at the earliest.

_________________________ JUSTICE C. PRAVEEN KUMAR 16.02.2016 vhb