Beeraka Prakash v. The State Of A.P

THE HON'BLE SRI JUSTI CE SURESH KUMAR KAI T CRL.P.NO.1 6 5 6 8 OF 2 0 1 6

O R D E R

Vide the present petition, petitioners/ accused Nos.1 and 2 seek direction relaxing the conditions imposed on them in the order dated 17.11.2016 passed by the court of Metropolitan Sessions Judge - cum - I Additional District and Sessions Judge, Visakhapatnam in Crl.M.P.No.3875 of 2016 The learned counsel appearing for the petitioners submit that the trial court allowed the bail petition of the condition of petitioners furnishing personal bonds for a sum of Rs.1,00,000/ - with two sureties who shall furnish a fixed deposit of Rs.1,00,000/ - each to the satisfaction of Judicial First Class Magistrate, Narsipatnam, apart from other conditions. He submits that the petitioners are poor persons and are not in a position to arrange sureties for fixed deposit of Rs.1,00,000/ - Therefore though the bail was granted by the trial court on 17.11.2016, the petitioners are still in jail, unable to comply with the above condition.

The learned Additional Public Prosecutor opposed the petition. Keeping in view the averments made in the present petition and the submissions of the learned counsel, only the conditions imposed by the trial court in order dated 17.11.2016 with regard to furnishing of personal bonds and sureties to furnish fixed deposits, are relaxed to the effect that the petitioners/ accused Nos.1 and 2 shall be released on bail on executing personal bonds for a sum of Rs.50,000/ - (Rupees

fifty thousands only) with two sureties of like sum each to the satisfaction of Judicial First Class Magistrate, Narsipatnam. The other conditions imposed by the trial court shall remain in force. The petition is accordingly allowed.

--------------------------------------- SURESH KUMAR KAI T,J DATE: 06-12-2016 AVS