Mohammed Mubeen v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.7186 of 2017 ORDER:

This petition is filed under Sections 439 and 440 of Cr.P.C., for modification of the conditions imposed by the Court of VII Additional Metropolitan Sessions Judge, Hyderabad, while granting pre arrest bail to the petitioners-accused Nos.1 to 4, vide order dated 31.7.2017 in Crl.M.P. No.2317 of 2017 in Crime No.62 of 2017 on the file of the Station House Officer, Women Police Station, South Zone, Hyderabad.

2.

The learned counsel for the petitioners submitted that the Court below, while granting pre arrest bail, directed the petitioners to execute bond for Rs.10,000/- each with two sureties each for a like sum to the satisfaction of the concerned Station House Officer, which is onerous. He further submitted that the petitioners are facing much difficulty to secure the sureties for such amount; therefore, it is a fit case to modify the condition. Per contra, learned Additional Public Prosecutor representing the State submitted that the Court below imposed reasonable condition, while granting anticipatory bail to the petitioners; therefore, the petition is liable to be dismissed.

3.

A perusal of the record reveals that the petitioners are accused Nos.1 to 4 in Crime No.62 of 2017 on the file of the Station House Officer, Women Police Station, South Zone, Hyderabad, for the offences under Sections 498-A and 506 of IPC. They have filed Crl.M.P. No.2317 of 2017 on the file of the Court of VII Additional Metropolitan Sessions Judge, Hyderabad, under

Section 438 of Cr.P.C. While allowing the petition, the learned Additional Sessions Judge, taking into consideration the nature of the offences alleged to have been committed by the petitioners, directed them to execute a bond for Rs.10,000/- each. Viewed from any angle, imposition of condition directing the petitioners to execute bond for Rs.10,000/- each with two sureties each for a like sum is not an onerous condition. In fact, the learned Additional Sessions Judge rightly imposed the condition. I see no reasons to interfere with the well-considered order of the Court below. 4.

Accordingly, the criminal petition is dismissed. _________________________ T.SUNIL CHOWDARY, J Date: 18.8.2017 YS