Mohammed Habeeb Ahmed v. State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH I\,4ONDAY, THE NINETEENTH DAY OF FEBRURY, TWO THOUSAND AND EIGHTEEN : PRESENT :

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP.No. 1624 ol 2018 Between:- Mohammed Habeeb Ahmed, S/o. Late tvlohammed Kha.la ... Petitioner/Accused AND The State of Telangana, rep. by Station House Officer, Trimulghery Police Station, Trimulghery, Hyderabad City (through Public Prosecutor, the High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh) .....RespondenVComplainant Petition filed under Sections 438 of Cr.P.C. praying that an the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in the event of his arrest in connection with the lnquiry, investigation and trial in FIR No. '153 of 2017 , on the file of the Trimulghery Police Station, Hyderabad City, on such terms and conditions.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of N,4/s.

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.1624 OF 2018

ORDER

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is the sole accused, in Crime No.153 of 201 7 on the file of the Station House Officer, Trimulghery Police Station, Hyderabad City. The offences alleged are under Sections 452 and 506 of l.P.C. 2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respond ent-State, and perused the record. 3.

Learned counsel for the petitioner submits that there are civil disputes between the parties and that, at the instance of the petitioner herein, the matter in which Police protection was given to the property went up to the Supreme Coud and is pending. ln the above background facts, it is possible that the allegatronf-rn the complaint may not be wholly true.

4.

Hence, in the background of the above facts, this Court opines that the complaint may not be a true one. Hence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Petition is allowed. The petitioner/accused is directed to surrender before the Station House Officer, Trimulghery Police Station, Hyderabad City, within 15 days from the date of this order. On such surrender, the petitioner/accused shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/accused shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under: \-i-*"

1) The petitioner shall make himself available for interrogation by a police officer as and when required;

2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and

3) The petitioner shall not leave lndia without the previous permission of the Court.

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

Sd/. G.RAJESHWAR RAO ASSISTANT TRAR ,TRUE COPY'

c for ASSISTANT REGISTRAR To 1.The XXll Additional Chief Metropolitan Magistrate at Secunderabad. 2.The Station House Officer, Trimulghery Police Station, Hyderabad City. 3.Two CCs to the Public Prosecuto(TS), High Court at Hyd.(OUT) 4.One CC to M/s. Bharadwaj Associates, Advocate(OPUC) 5.One spare copy.

TKK

HIGH COURT TR..l DT.l9-02-20ltt.

ANTICIPTORY BAIL ORDER CRL.P.No. 1624 of 20ltl .s s RELEASE THE PETITIONER ON BAIL IN THE, EVET OF HIS ARREST \t