M.D Hyder Alias Haider Ail v. The State Of Telangna

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5617 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/A4 on bail in connection with Crime No.53/2022, on the file of Basheerabad Police Station, Vikarabad District, for the offences punishable under Sections 307, 324 read with 34 of Indian Penal Code.

2.

Heard the learned counsel for the petitioner and learned Public Prosecutor for the respondent-State and perused the record. 3.

The petitioner is Accused No.4 along with Accused Nos.1 to 3, 5 and 6 attacked the defacto complainant and his friends near the house and in the said altercation between the two groups, the members of the both the groups received injuries. The case and counter case have been registered. The present case is filed under Section 307, 324 read with Section 34 of IPC. Whereas on the basis of complaint by one of the injured-accused in the present case, case was registered under Sections 448, 324, 323 read with 34 of IPC.

4.

Learned Public Prosecutor submits that though it is a clash between two groups, since this petitioner had inflicted serious injuries, the offence under Section 307 of IPC is registered and the injured have been treated and discharged.

5.

Learned Counsel for the petitioner submits that Accused No.1 was already granted the relief of Anticipatory Bail by the Sessions Court in Crl.MP.No.246 of 2022 in Crime No.53 of 2022. 6.

In the said background of the case wherein it was a group fight between two groups and there are no serious injuries by either side and all the injured have been discharged from the hospital, the petitioner/A4 can be granted bail subject to the following conditions:

i. The petitioner/ A4 is directed to be released on bail on his executing personal bond for Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for like sum each, to the satisfaction of Principal Sessions Judge, Vikarabad.

ii. On such release, the petitioner/A4 shall appear before the concerned Police Station on every Monday between 10.30 a.m. to 1.00 p.m. for a period of two months for the purpose of investigation.

iii. The petitioner/Accused Officer shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C. 7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER, J Date :06.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 5617 of 2022 Dt.06.07.2022 tk