Shaik Mohsin v. The State Of Telangana,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY FOURTH DAY OF MAY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 5531 of 2018 Between:

1. Shaik Mohsin, S/o. Mohammed Ahmed

2. Shaik Manjur, S/o. Masood Petitioners (Accused 1 & 4 in Cr.No.21/2018 of P.S.Bela, Adilabad District) AND The State of Telangana, rep by Bela P.S., through its Public Prosecutor, High Court at Hyderabad.

Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioners on bail in Cr.No. 21/2018 of P.S. Bela of Adilabad District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Kondadi Ajay Kumar, Advocate for the Petitioners and of the Asst. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed under Sections 437 and 439 Cr.P.C. to grant bail to the petitioners-A1 and A4 for the offences alleged under Sections 376 (2) (n) IPC (Criminal Law Amendment Act, 2013), 366-A, 344 IPC, 3 (1) (s) (w) (i) of the SCs & STs (PoA) Amendment Act, 2015 and 5 r/w 6 of POCSO Act against A1 and for the offences alleged under Sections 109 IPC, 3 (1) (s) (w) (i) of the SCs & STs (PoA) Amendment Act, 2015 and 5 r/w 6 of POCSO Act against A4. 2.

Heard learned counsel for the petitioners-A1 and A4, learned Assistant Public Prosecutor representing the State and perused the record. 3.

It is brought to the notice of this Court that A3 was granted bail by this Court, vide order, dated 01.05.2018 in Crl.P.No.4907 of 2018. It is alleged that the victim, who is 17 years old and A1 were not seen in the village. On the report lodged by the mother of the victim, this case is registered and it is under investigation. The petitioners-A1 and A4 were remanded to judicial custody on 11.04.2018. The statement of the victim under Section 164 Cr.P.C. was recorded by the learned Magistrate. Most part of the investigation is completed. Under these circumstances, the petitioners-A1 and A4 can be enlarged on bail on some conditions.

4.

In the result, the petitioners-A1 and A4 are ordered to be released on bail on each of them executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each in a like sum to the satisfaction of Judl. Magistrate of I Class, Adilabad. On release, the petitioners-A1 and A4 shall attend before the S.H.O. concerned on every Sunday between 9.00 A.M. and 10.00 A.M. till filing of charge sheet.

5.

Accordingly, the Criminal Petition is allowed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR

..2..

To

1. The I Additional District and Sessions Judge, Adilabad.

2. The Judicial Magistrate of First Class, Adilabad.

3. The Superintendent, District Jail, Adilabad.

4. The SHO, Bela Police Station, Adilabad District.

5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

6. One CC to Sri Kondadi Ajay Kumar, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 24-05-2018

ORDER

CRL.P.NO. 5531 OF 2018 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 24-05-2018 HIGH COURT Dr.SAJ DATED: 24-05-2018

ORDER

CRL.P.NO. 5531 OF 2018 BAIL GRANTED