Shaik Mohammed Ilyas v. The State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12203 of 2015 ORDER:

This Criminal Petition is filed by the petitioner-Accused under Section 438 Cr.P.C. seeking to grant anticipatory bail to him in C.C.No.387 of 2012 on the file of the Additional Judicial First Class Magistrate at Avanigadda, Krishna District, registered for the offence punishable under Sections 304-A, 338 and 337 IPC. Heard and perused the material available on record. It is alleged that the petitioner-driver of the School Van drove the van in a rash and negligent manner, as a result of which, accident occurred and two persons died, and injuries were caused to three persons. On the complaint lodged by one Karra Koteswara Rao, a case was registered and after completion of the investigation, charge sheet was filed and the same was numbered as C.C.No.387 of 2012.

When the matter was posted for examination of the petitioner-accused under Section 313 Cr.P.C., he did not appear. Then, the trial Court issued NBWs against the petitioner. Apprehending arrest, the petitioner filed this petition.

The petitioner-accused is directed to surrender and move an application before the trial Court seeking to recall NBWs issued against him and on such surrender and on such application being filed, the trial Court is directed to recall NBWs issued against the petitioner, and the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for the like sum to the satisfaction of the trial Court. The petitioner is directed to appear before the trial Court on all hearing dates. Accordingly, the Criminal Petition is disposed of. _____________________

JUSTICE RAJA ELANGO Dated: 27.11.2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.12203 of 2015 27.11.2015 Nn