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High Court for State of TelanganaCRLP/5636/2022allowed no costs

M.D.Iliyas v. The State Of Telangna

2022-07-06K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos. 5635 & 5636 of 2022 COMMON ORDER:

1.

These Criminal Petitions are filed under Section 438 of Cr.P.C. by petitioners/A2, A3 & A6 seeking bail in the event of their arrest 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 petitioners and learned Public Prosecutor for the respondent-State and perused the record. 3.

The petitioners/A2, A3 & A6 along with Accused Nos.1, 4, 5 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 cases, 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 these petitioners have 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 petitioners 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, these petitioners/A2, A3 & A6 can be granted the relief of anticipatory bail subject to the following conditions.

1) The petitioners/A2, A3 & A6 are directed to surrender before the Station House Officer, Basheerabad Police Station, Vikarabad District, within a period of 10 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A2, A3 & A6 on bail, on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/A2, A3 & A6 shall appear before the said Station House Officer on every Monday

between 10.00 a.m to 1.00 p.m. for a period of two months for the purpose of investigation.

3) The petitioners/A2, A3 & A6 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

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 Nos. 5635 & 5636 of 2022 Dt.06.07.2022 tk