Mohd. Sadak v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.2002 of 2016 ORDER:

Heard the learned counsel for the petitioner/A.8 and the learned Public Prosecutor.

2. The petitioner/A.8 filed the present application under Section 438 Cr.P.C seeking release on bail in the event of his arrest in connection with Crime No.605 of 2015 of Shadnagar Police Station, Mahaboobnagar District, registered for the offences punishable under Sections 457 and 380 IPC.

3. Basing on the report given by the informant, the present crime came to be registered. The gist of the prosecution case is that on 02.12.2015 at night time some un-known offenders gained entry into the Selco power plant of the informant by breaking open the doors and committed theft of the material.

4. It is stated that basing on the alleged confessional statements made by some of the accused persons in Crime No.329 of 2015 of Kothur Police Station, the petitioner herein was arrested on 09.12.2015 and remanded to judicial custody on 10.12.2015. Thereafter, the petitioner filed bail application before the Judicial Magistrate of First Class, Shadnagar which was allowed on 14.12.2015. As the petitioner was also an accused in Crime No.1425 of 2015 of Rajendranagar Police Station, he was arrested and released on 17.12.2015.

5. Learned counsel for the petitioner submits that the petitioner is innocent of the offences alleged and except the confessional statements made by some of the accused persons in Crime No.329 of 2015 of Kothur Police Station, there is no other material connecting the petitioner with the present crime.

6. On the other hand, learned Public Prosecutor opposed the bail

application stating that the petitioner involved in five crimes and no indulgence be shown on him as he is a habitual offender.

7. Having regard to the facts and circumstances of the case and as the investigation done by the police officials reveal that the petitioner is involved in some more crimes of similar nature, I am not inclined to grant anticipatory bail to the petitioner, but, however, the petitioner shall surrender himself before concerned Court and make an application for grant of bail, after giving prior notice to learned Public Prosecutor, in which event, the same shall be dealt with in accordance with law either on the same day or at the earliest.

8. With the above direction, the Criminal Petition is disposed of. ________________________________ JUSTICE C. PRAVEEN KUMAR February 24, 2016 YVL THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL PETITION No.2002 of 2016 Date:24.02.2016 YVL