Shaik Yakub Pasha v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7782 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.2 seeking bail in connection with Crime No.216 of 2023 dated 07.08.2023 on the file of Thorrur Police Station, Mahabubabad District registered for the offences punishable under Sections 447, 294-B, 327, 427, 324, 420, 120(b) read with Section 34 of Indian Penal Code (for short "IPC"). 2.

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

The de facto complainant filed a written complaint on 07.08.2023 stating that, he had purchased land on 14.05.2008 at Mahabubabad road in the outskirts of Thorrur from late Kinnera Yakaiah admeasuring to an extent of 394 Sq.Yards in Survey Number 229 and got registered on his name vide Document No.2246 of 2008.

On the date of complaint accused No.1 trespassed into the land and destroyed the fencing poles, on questioning said accused No.1 hit de facto complainant with chappal and also abused him in filthy language. According to the complaint this petitioner was also present along with accused No.1.

4.

Since, there are no specific overt acts, attributed to this petitioner and the only allegation is that this petitioner was also present along with accused No.1 when accused No.1 beat the defacto complainant with chappal, this Court deems it appropriate to grant relief of anticipatory bail subject to the following conditions:-

1) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, Thorrur Police Station, Mahabubabad District on 31.08.2023. Upon such surrender, the said Station House Officer shall release the petitioner/Accused No.2 on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five Thousand

only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused Nos.2 shall appear before the concerned police every Monday for a period of eight weeks at 10.00 a.m., or till filing of charge sheet whichever is earlier and thereafter, as and when required for the purpose of investigation.

3) The petitioner/Accused No.2 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. 5.

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

___________________ K.SURENDER, J Date : 28.08.2023 dsv/fm

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7782 of 2023 Dt.28.08.2023 dsv/fm