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High Court for State of TelanganaCRLP/6172/2017dismissed

Shaik Dada Peer , Ghani v. The State Of Andhra Pradesh

2017-08-01T.Sunil Chowdary3 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.6172 of 2017 ORDER:

This petition is filed under Sections 437 and 439 Cr.P.C. by the petitioner/accused No.5 seeking regular bail in S.C.No.82 of 2011 on the file of the Court of the II Additional District and Sessions Judge, Ongole, Prakasam District.

2.

Learned counsel for the petitioner submitted that the mother of the petitioner is suffering from ill-health and his presence is very much necessary; therefore it is a fit case to allow the petition. 3.

The learned Additional Public Prosecutor submitted that the petitioner/accused No.5 is involved in number of cases and if he is released on bail, it is difficult to secure his presence at the time of trial.

4.

A perusal of the record reveals that the petitioner is an accused in the following Crimes:

1. Crime No.109 of 2008 of Nalgonda II Town Police Station for the offences punishable under Sections 302 and 201 I.P.C.

2. Crime No.140 of 2008 of Maddipadu Police Station for the offences punishable under Sections 120B, 396, 400, 402, 412, 414 and 201 I.P.C.

3. Crime No.141 of 2008 of Maddipadu Police Station for the offences punishable under Sections 302, 379 and 201 I.P.C.

4. Crime No.150 of 2008 of S.Konda Police Station for the offences punishable under Sections 120B, 396, 400, 402, 412, 414 and 201 I.P.C.

5. Crime No.356 of 2008 of Ongole Taluq Police Station for the offences punishable under Sections 120B, 396, 400, 402, 412, 414 and 201 I.P.C.

6. Crime No.331 of 2014 of Hindupur I Town Police Station for the offences punishable under Sections 395 and 419 read with 34 I.P.C. (P.R.C.No.62 of 2015) pending on the file of the II Additional Munsif Magistrate Court, Hindupur.

7. Crime No.132 of 2010 of Bagepalli Police Station (Karnataka State) for the offence punishable under Section 395 read with 34 I.P.C.

8. Crime No.42 of 2010 of C.K.Palli Police Station, Ananthapur District, for the offence punishable under Section 395 read with 34 I.P.C.

9. Crime No.91 of 2010 of Gorantla Police Station, Ananthapur District, for the offences punishable under Sections 365 and 395 read with 34 I.P.C., and Section 25-B of Arms Act (S.C.No.659 of 2012) pending on the file of the Assistant Sessions Judge Court, Penugonda.

10. Crime No.48 of 2010 of Maddipadu Police Station for the offences punishable under Section 307 read with 34 I.P.C. and Section 27 of the Arms Act.

11. Crime No.154 of 2005 of Hindupur I Town Police Station for the offence punishable under Section 363 I.P.C.

5.

The petitioner was released on bail on 04.08.2009. A perusal of the record reveals that the petitioner violated the orders of the trial Court and absconded. Later he was involved in

four criminal cases and threatened the witnesses. A perusal of the record clearly reveals that the petitioner is involved in number of cases. If the petitioner is released on bail, the possibility of securing his presence is highly difficult.

6.

Having regard to the facts and circumstances of the case, I am of the considered view that it is not a fit case to grant bail to the petitioner.

7.

Accordingly, the Criminal Petition is dismissed.

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

________________________ T.SUNIL CHOWDARY, J Date: 01.08.2017 Ivd