Tarachand Bhukiya , Lakavath Tharachand v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6457 OF 2022 ORDER:

This Criminal petition is filed under Section 438 of Cr.P.C., seeking pre-arrest bail to the petitioner/Accused No.7 in the event of his arrest in connection with Crime No.167 of 2022 pending on the file of Station House Officer, Mahabubabad Town Police Station, Mahabubabad District, registered for the offences punishable under Sections 143, 447, 427, 324, 506 read with 149 of IPC.

2.

Heard the learned counsel for the petitioner/Accused No.7 and the learned Assistant Public Prosecutor for the 1st respondent-State. Perused the record.

3.

The petitioner along with others who belong to same family formed into an unlawful assembly and trespassed into the lands of the de facto complainant. It is the case that there is a restraint order by the High Court. However, not heading to the directions of the High Court, the petitioner along with others, had trespassed into the said land and damaged the vegetable crops. During the time when the incident was taking place, the Police had arrived at the scene and asked the parties to go home and warned them not to enter into the land. However, in the said altercation, one person received grievous

injuries. In the entire complaint there is no allegation that the petitioner was the person who inflicted injuries on the injured. 4.

In the said circumstances, the prayer for anticipatory bail can be considered on the following conditions: (i) The petitioner/accused No.7 is directed to surrender before the Station House Officer, Mahabubabad Town Police Station, Mahabubabad District, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused No.7 on bail on his executing a 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.

(ii) On such release, the petitioner/accused No.7 shall report before the said Station House officer on every Monday between 10:00 a.m. and 5:00 p.m., for a period of eight weeks and thereafter, as and when required.

(iii)The petitioner/accused No.7 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C. and shall cooperate with the Investigating Officer in investigating the case.

5.

Accordingly, the Criminal Petition is allowed. 6.

Miscellaneous applications, if any pending in this Criminal Petition, shall stand closed.

________________________ JUSTICE K.SURENDER

Dt.28.07.2022 ysk THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.6457 OF 2022 Dt.28.07.2022 ysk