Shaik Nayeem Basha v. State Of Ap.,

SMT JUSTICE T.RAJANI CRIMINAL PETITON No.2405 OF 2018 ORDER:

This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A1, in Crime No.145 of 2017 on the file of Nadendla Police Station, Nadendla, Guntur District. The offences alleged are under Section 386 of IPC.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The public prosecutor brings to the notice of this Court, that earlier a petition was filed seeking for grant of anticipatory bail and the same was dismissed, by considering the merits of the case. The order passed by this Court, in Crl.P.No.24788 of 2017, shows that the merits of the case were considered while dismissing the petition. The counsel for the petitioner, now, submits that there is delay in reporting the matter to the police. But, a perusal of the remand cd shows that there was a cause of action for the complainant on 03.12.2017 also, which is the date on which the report was filed.

4.

Hence, in the light of the above facts, this Court is not in a position to consider the submission made by the petitioner's counsel, that A2 in this case was already granted bail. 5.

Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to file a petition seeking for regular bail by surrendering himself before the court below having the jurisdiction. The court below shall dispose of the bail application

on merits, if any filed, expeditiously, preferably on the same day, subject to the pressure of other work.

6.

As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.

_____________ T.RAJANI, J 06.03.2018 SS