John Samuel v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7773 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No..2 in S.C.No.188 of 2023 on the file of I Additional District and Sessions Judge-Cum-Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases at Malkajgiri, registered for the offences under Sections 328, 376 DA and 354 of IPC and Section 5(n) r/w. Sections 6 and 8 of POCSO Act, 2012.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

This Court by order dated 02.08.2023 refused the prayer of this petitioner for bail on the ground that the allegations were serious in nature. However, the present application is filed on the ground that the petitioner who was in Central Prison was taken to Gandhi Hospital on

04.08.2023 due to episode of seizures and sudden weakness of lower limbs. He got admitted in the Acute Medical Care in said Hospital on the same day and diagnosed as new onset of seizures. Several tests were conducted. He was also referred to Neurology and Psychiatry Departments.

4.

Keeping in view the medical condition of the petitioner, this Court deems it appropriate to grant the relief of regular bail to the petitioner for the purpose of better treatment, subject to following conditions: i) The petitioner/Accused No.2 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of I Additional District and Sessions Judge-Cum-Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District at Malkajgiri.

ii) The petitioner/Accused No.2 after release shall appear before the concerned Court on every date of hearing.

iii) The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

5.

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

_________________ K.SURENDER, J Date: 24.08.2023 dv