High Court for State of TelanganaCRLP/15393/2016partly allowed no costs

Masada Matchiraju v. The State Of A.P

2016-10-19Suresh Kumar Kait3 pages

HONOURABLE SRI J USTICE SURESH K UMAR K AIT CRIMINAL PETITION No. 15393 of 2016 ORDER:

Vide the present petition, the petitioners/Accused Nos 1 to 6 seek a direction, thereby relaxing the conditions imposed on the petitioners/Accused Nos.1 to 6 in Crl.M.P.Nos.3185 and 3182 of 2016 dated 07.10.2016 on the file of the Metropolitan Sessions Judge-cum-First Additional District and Sessions Judge, Visakhapatnam.

While enlarging the petitioners/Accused Nos.1 to 6 on bail, the Metropolitan Sessions Judge directed the petitioners to execute personal bond for a sum of Rs.50,000/-each with two sureties each for the like sum and the sureties shall furnish fixed deposit of Rs.50,000/- each to the satisfaction of the Judicial First Class Magistrate, Chodavaram.

Learned counsel appearing on behalf of the petitioners/Accused Nos. 1 to 6 submits that the petitioners are poor persons and they cannot afford the sureties with FDRs as directed by the al Court. He submits that by these conditions they shall remain in jail, and thereby their right to get enlarged on bail is denied.

Learned Additional Public Prosecutor has opposed the present petition and submits that if the conditions are relaxed, they

may fled away from the judicial process and nothing could be recovered from them.

Keeping in view the averments made in the instant petition and the submissions of learned counsel for the petitioner and the learned Additional Public Prosecutor, I hereby modify the order in Crl.M.P.Nos. 3185 and 3182 of 2016, dated 07.10.2016 and direct the Metropolitan Sessions Judge to enlarge the petitioners on bail on executing personal bond for a sum of Rs.50,000/- each with two sureties of like sum each.

It is needless to state that the sureties shall furnish their attested copies of Aadhar card and the bail is subject to verification of genuineness of the residence and the other details of the petitioners/Accused Nos.1 to 6 as well as sureties. The rest of the conditions in the order dated 07.10.2016 shall remain intact.

With the above direction, this Criminal Petition is partly allowed.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. -------------------------------------------- JUSTICE SURESH KUMAR KAIT DATED 19TH October, 2016.

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