Sunil Anil Madiwala v. The State Of Telangana
[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINETEEN s o, :PRESENT:
THE HONOURABLE JUSTICE G SRI D YD CRIMINAL PETITION NO: 2760 OF 2019 Between:
<-- SunilAnil Madiwala, Sio. Anil Chandu Madiwala PetitionerlAssused No.6 ANDL-/ The State of Telangana, Through P.S Keesara, Represented by its Public Prosecutor, High court, Hyderabad RespondenUCom plai nant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the ground filed in the Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the petitioner /Accused No. 6 and direct the Police to enlarge the petitioner on bail in the event of his arrest in FIR No.546 of 2018 on the file of P.S.Keesara;afRachakonda in the interest of justice.
COUNSEL FOR THE PETITIONER: SRI MD SULTANA BASHA COUNSEL FOR THE RESPONDENT: PUBLIC PROSECUTOR
ORDER
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JI THE IIONOURABLE JUSTICE G. SRI DBVI C'RIMINAL PETITION No.2760 of 2019 ORDER:
The petitioner, who is accused No.6, filed the present application uncler Section 438 Cr.P.C. seeking release in the event of his arrest in connection with Crime No.546 of 2018 of Keesara Police Station, Rachakonda Commissionerate, registered for the offence punishable under Section 379 IPC and Section l5(2) ofthe Petroleum and Minerals Pipelines (Acquisition of Right of user in land) Amendment Act, 2011.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. Perused the material on record.
It is contended by the learned counsel for the petitioner that the petitioner is innocent and nothing to do with the alleged offence and he is falsely implicated in the above case. It is further submitted that as per the prosecution, the petitioner/A.6 has dug the tunnel with the help oftools, which is a concocted story created by the co-accused to avoid themselves fiom the process of law and to implicate the petitioner with a grudge. It is further submitted that the petitioner was asked to attend R C.F. Police Station, Mumbai, on 31.03.2019 and in compliance of the same he attended before Senior Inspector of Police R.C.F. Police Station, Mumbai, on 01.04.2019, and was interrogated till 7.00 p.m. on that day and he was granted transit anticipatory bail for a period of one month from the date of order. It is further
submitted that the petitioner subsequently filed anticipatory bail before the XVI Additional Metropolitan Sessions Judge, Malkajgiri and the same was dismissed on 16.05.2019 without appreciating the facts of the case. Therefore, he prayed to grant anticipatory bail to the petitioner.
Having regard to the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on certain terms and conditions.
Accordingly, the criminal petition is allowed and the petitioner is directed to surrender before the Station House Officer, Keesara Police Station, Rachakonda Commissionerate, within a period of fifteen days from today and on such surrender, the petitioner shall be released on bail on his executing personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, the petitioner shall appear before the said Station House Officer on every Sunday between 10.00 a.m. and 12.00 Noon till filing of the charge sheet.
Miscellaneous petitions pending, if any, shall stand closed. ASSISTANT I SD/. M.MANJULA RE TRAR I //TRUE COPY// FoT ASSISTANT REGISTRAR To, I . XVI Additionar Drstrict and sessions Judge, cum XVr Additionar Metroporitan !9ss1ons Judge, Ranga Reddy District At Malfalgiri . The Station House Officer, Keesara, RacnafonciJ, One CC to SRt. MD SULTANA BASHA Advocate tgpuCl . Two CCs to PUBLTC PROSECUTOR, High Coffitat Hyderabad. [OUT] One Spare Copy L*
HIGH COURT / GSDJ DATED:04/06/2019
ORDER
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