Shaik Haseeb Khan , Habeeb v. The State Of A.P.

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.12942 of 2015 O R D E R :

This criminal petition is filed by the petitioner - accused No.6, under sections 437 and 439 Cr.P.C., seeking bail in Crime No.164 of 2015 on the file of Nellore III Town Police Station, Nellore District, registered for the offences punishable under Sections 452, 342, 392, 395 and 398 I.P.C. & Sections 25 and 27 of Arms Act, 1959. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The requisition of Inspector of Police, No.3 Town P.S., Nellore City, to issue P.T. Warrant against accused reads as follows : "During the course of investigation, I received information about the arrest of above said accused by Gadarwara Police Station of Naringapur District of Madhya Pradesh State in their crime numbers 02/2015 U/s.41(1)(4) Cr.P.C./395 IPC and Cr.No.632/2015 U/s.25 & 27 Arms Act of Gadarwara Police Station and part of the property and weapon which are connected in above cited reference crime of No.3 Town P.S., Nellore City were seized from the possession of above said accused.

At the time of arrest made by Gadarwara Police, the above said accused confessed and admitted that they committed the offence in jewellery shop at Devireddy Vari Street, Nellore which belongs to the complainant, and which is connected to above cited reference case. Later the above said accused were produced by the concerned police before the Hon'ble JMFC, Gadarwara of Narsingpur District of Madhya Pradesh State. Subsequently, the Hon'ble Court grants remand to the accused. At present they are in judicial custody at District Jail, Narsingpur of Madhya Pradesh State. On that I obtained the attested copies of concerned document o f Gadarwara Police Station, and submitting the same to the Hon'ble Court for kind perusal.

Therefore, I humbly requesting the Hon'ble Court may kindly

issue P.T. warrant against above said both accused to enable me to establish and to arrest of the remaining accused, and also to recover the remaining property from them. Thus, I will complete investigation and finalize the case in soon." It is evident from the above that the petitioner is involved in other case also and some properties also recovered from the petitioner and further, the petitioner is a native of Madhya Pradesh State. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the Criminal Petition is dismissed. ______________________ JUSTICE RAJA ELANGO 21st December, 2015 skmr