Thonda Pothu Raju v. The State Of Ap

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION Nos.6264, 6416 and 6480 of 2018 COMMON ORDER :

The self-same petitioner by name, Thonda Pothu Raju, as A7 in Crime No.10 of 2010 of Pakala Police Station, Chittoor District (P.R.C.No.12 of 2017 on the file of the Judicial First Class Magistrate, Pakala), registered for the offence punishable under Section 395 I.P.C., in Crime No.88 of 2008 of Sathyavedu Police Station of Chittoor District for the similar offence under Section 395 I.P.C. and in Crime No.256 of 2009 of Maanepalle Taluk Police Station of Chittoor District for the similar offence under Section 397 I.P.C. filed the present applications under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in the above crimes.

2.

The contentions of the learned counsel for the petitioner are that the petitioner is falsely roping in one case or the other for statistical purposes, though he is innocent and all the cases are of the years 2008, 2009 and 2010 and there is nothing to show that there is any past history of him after 2010 in involvement of any case and he has to prepare the defence in all the cases and A3 of Crime No.10 of 2010, by order of this Court in Crl.P.No.11734 of

2014 on 08.12.2017 was granted regular bail from the factum of he was in judicial custody since 15.09.2017 so as to prepare for his defence and with condition of attending the Police Station once in a week on Sundays and same may be considered in enlarging the petitioner on bail. 3.

The learned Public Prosecutor opposed the bail applications stating that the petitioner is notorious criminal and in the habit of involving crime after crime the same modus operandi and there are more than nine crimes pending against him not only of the years 2008, 2009, 2010 but also one crime of 2013 of Gokavaram Police Station, East Godavari District, which is his native place for similar offence and thereby, he shall not deserve any concession of bail and sought for dismissal.

4.

Heard and perused the material on record.

5.

A perusal of the grounds in opposing with reference to the Case Diary shows that he is notorious criminal involved in several crimes from several places in the State of Andhra Pradesh in particular and the details of cases are Crime No.117 of 2007 of M.R.Palli Police Station registered under Section 395 I.P.C.; Crime No.23 of 2010 of C.C.S.Police Station, Chittoor District for similar offence under same provision; Crime No.8 of 2010 of Naidupeta Police Station,

Nellore District for similar offence under same section; Crime No.7 of 2009 of Penumantra Police Station, Pedapuram of East Godavari District, for similar offence under same penal provision; Crime No.38 of 2010 of Anatapalli Police Station, Peddapuram Circle, East Godavari District under Section 379 I.P.C.; and Crime No.13 of 2013 of Gokavaram Police Station, for the offences punishable under Sections 420, 323, 506 and 395 I.P.C.

6.

Having regard to the above, the petitioner does not deserve concession of bail, thereby, all the Criminal Petitions are dismissed. The learned Magistrate concerned shall commit the cases early to the Court of Sessions from the police final report taken cognizance so that the accused can ask for early trial of the cases.

7.

Consequently, miscellaneous petitions, if any shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date: 02-07-2018 pab