M. Vijaya Kumar Alias Vijaya Bhaskar Alias Maharaj v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.113 of 2015 ORDER:

The petitioner, who is accused No.1, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in S.C.No.396 of 2012 on the file of the Additional Assistant Sessions Judge, Tirupati. A charge sheet came to be filed against the petitioner and others for the offences punishable under Section 392 read with 411 IPC. Heard Sri S.Lakshmi Narayana Reddy, learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State.

The material on record discloses that the incident in the present case is said to have taken place in the month of April, 2011. The petitioner was arrested on 18.04.2012. Subsequent to his arrest, he was produced before the Court and released on bail on 04.06.2012. Thereafter, the case was committed to the Court of Sessions and the same came to be numbered as S.C.No.396 of 2012. The record reveals that the main case was posted for consideration on 25.10.2012, on which date there was no representation on behalf of the petitioner, as such non-bailable warrants came to be issued. Notice was also issued to the sureties for production of the petitioner, but they failed to produce the petitioner. After much effort, the petitioner was arrested on 15.12.2014 pursuant to the execution of non-bailable warrant. The record also discloses that trial in the above Sessions Case will commence from 04.02.2015.

Learned Public Prosecutor submits that if the petitioner is released on bail, there is every possibility of he evading the process of law and it would be difficult for the police to trace him. He further submits that even on earlier occasion, the police with great difficulty arrested the petitioner.

Since the schedule in the Sessions Case is already given and having regard to the circumstances stated above, I am not inclined to release the petitioner on bail. However, the learned Additional Assistant Sessions Judge, Tirupati, is advised to dispose of S.C.No.396 of 2012, as expeditiously as possible, preferably within a period of six weeks from the date of trial. If the trial could not be complete within a period of six weeks, the petitioner is at liberty to renew his request. With the above direction, the Criminal Petition is disposed of.

_________________________ JUSTICE C. PRAVEEN KUMAR 27.01.2015 gkv