Md Abdul Khuresh v. The State Of Telangana
[3rs8 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HON'BLE JUSTICE G SRI DEVI CRJMINAI PETITION NO: 2507 OF 2021 / BetlYeen:
I . Md Abdul Khuresh, S/o Late Mohd Yousui Occ: Owner of Crime Vehicle bearing number. TATA, TS07UF7743, Business Age: 43 yrs r/o 19-5-482/A, N M Guda, Kishanbagh, Hyderabad.
2. Mohd Jafar, S/o Saleem, Age: 32 yrs rlo 19-5-321N47 , Asad Baba Nagar, Occ. Labour Nandi Muslai Guda, Bahadurpura, Hyderabad.
...Petitioner/Accused No.2&3
ANI) Thc State ofTelangana, rep. by Public Prosecutor, High Court at Hyderabad Represented by . Kathepallip Police Station
...Respondent/Prosecution
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support ofthe Criminal Petition, the High Court may be pleased to pass an order directing the SHO, Kethepalli Police Station to enlarge the petitioners / accused Nos.2&3 above named on bail in the event of their arrest in Cr. No. 26 of 2021 on the file ofthe Hon'ble Judicial First Class Magistrate, Nakekal.
The petition coming on for hearing, ppon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MR.MOHD HABEEB MUSTAFA Advocate for the Petitioners and ASST.PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.
ORDER
THI HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.25O7 OF 2021 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A-2 and A-3 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.26 of 2O2l ol P.S. Kethepalli, Nalgonda District, registered for the offences punishable under Section 307 read with Sections 34 and 109 of the Indian Penal Code. Heard the learned counsel appearing for the petitioners/A-2 and A-3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioners/A-2 ard A-3 would submit that the petitioners are innocent of the offences alleged against them and have been falsely implicated. The petitioners are having fixed abode and there is no question of absconding. It is further submitted that the petitioners/A-2 ar,.d A-3 are willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the p;titioners/A-2 and A-3 be granted anticipatory bail.
Learned Public Prosecutor opposed to grant anticipatory bail to the petitionerslA-2 and A-3.
Having regard to the facts and circumstances of the case and in view of the peculiar conditions of pandemic COVID-19 prevailing in the country, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioners/A-2 and A-3.
I The Criminal Petition is allowed and the petitioners/A-2 and I A-3 are granted anticipatory bail subject to the following terms and I i conditions:
(1) The petitioners/A-2 and A-3 are directed to surrender before the Station House Officer, P.S. Kethepalli, Nalgonda District, within a period-of four weeks from the date of this order and on such surrender, the said Station House i Oflicer shall release the petitioners/A-2 and A-3 on bail on their executing personai bond for a sum of Rs.5O,O00/- (Rupees fift5r thousand only) each with two sureties for a like sum each to his satisfaction.
(2) The petitioners/A-2 and A-3 shall not be indulged in similar type of offences in future and if it is found that they are indulged in similar type ol offences in future, the liberty granted to them shall automatically stand cancelled and they woulil be taken into custody forthwith.
(3) The petitioners/A-2 and A-3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and cooperate with the Investigating Officer in investigating the case Miscellaneous applications, if any, pending shall stand closed.
^\9_--*-e sD/- T.KRTSHNA KUMAR ASSIST //TRUE COPY// SECTION OFFICER o T l. The I Additional District and Sessions Judge, Nalgonda'
2. The Judiciat First Class Magistrate at Nakrekal. i. The Station House Officer. Kethepalli Police Station, Nalgonda District'
4. One CC to MR. MOHD HABEEB MUSTAFA Advocate [OPUC]
5. Two CCs to the PUBLIC PROSECUTOR (TG), High Court at Hyderabad (OUT)
6. One spare copy
r, HIGH COURT GSt)..1 DATED; 30.04.2021 CRL.P.NO.2507 0F 2021 i ANTICIPATORY BAIL Or.i L pi CE( I .) 1$ \?s ?sil I ..,./ k-eryx: