Kamal Kabra v. The State Of Telangana

HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2497 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused No.6 on bail in connection with Crime No.108 of 2021 on the file of Pahadishareef Police Station, Rachakonda Commissonerate registered for the offences punishable under Sections 394, 342, 506, 323, 411 and 413 read with Section 34 of Indian Penal Code and Section 25(1) of Arms Act. 2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case of prosecution is that the de facto complainant loaded 192 MRF tyres from Tamilnadu and during transportation Accused No.1 and others stopped the said transport vehicle and threatened the driver of the vehicle at gunpoint and took away the tyres. Thereafter, they have sold the tyres to the present petitioner. Accordingly, police arrested the petitioner for purchasing the stolen

tyres as such petitioner is liable for the offence under Section 413 of IPC.

4.

Section 413 of IPC makes a person liable if he habitually receives or deals with stolen property.

5.

The learned counsel for the petitioner submits that, Accused No.1 was granted bail on 14.03.2022 vide Crl.M.P.No.13 of 2022 in Crime No.108 of 2021.

6.

In the said circumstances, the petitioner/Accused No.6 being receiver of stolen property and also for the reason that the remand case diary of A1 indicates that the petitioner has paid Rs.19,00,000/- this Court is inclined to grant bail to the petitioner/Accused No.6 on certain terms and conditions:

i) The petitioner/Accused No.6 is directed to be released on bail on his executing personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for likesum each to the satisfaction of learned Principal Junior Civil Judge-cum-Metropolitan Magistrate at L.B.Nagar.

ii) The petitioner shall appear before the Station House Officer, Pahadishareef Police Station for a period of two (2) months on every Sunday between 10.00 AM to 05.00 PM.

iii) The petitioner/Accused No.6 shall not in any manner indulge in any activity attracting the offences alleged. 7.

Accordingly, the Criminal Petition is allowed. 8.

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

______________ K.SURENDER,J Date :28.03.2022 ns