Kusumanchi Srinivas And Another v. The State Of Telangana

HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7250 of 2018 ORDER:

The petitioners are A.1 & A.2 in crime No.38 of 2010 of CCS Police Station, Hyderabad, registered for the offences punishable under Sections 406, 420, 468 r/w 34 IPC. The police after investigation filed final report and taken cognizance for the offences supra by allotting CC.No.55 of 2017 on the file of learned XII Additional Chief Metropolitan Magistrate, Hyderabad and it shows A.1 was arrested and later enlarged on regular bail and A.2 was granted anticipatory bail in 2010 & 2011 respectively.

Heard learned counsel for the petitioners and learned Public Prosecutor appearing for the State.

At the post cognizance stage of C.C.No.55 of 2017 supra it appears summons issued and for not responding warrants were issued and NBWs are pending. It is therefrom sought for anticipatory bail. In fact earlier bail orders once not cancelled their remedy is to file for recall of the NBWs by appearance for the Court to consider. Needless to say even if at all for any reason NBW recall application dismissed remedy is for fresh solvency by payment of the penalty for earlier bond and not to get fresh bail for earlier bail once granted unless cancelled same is in force.

Having regard to the above, this Criminal Petition is disposed of by giving liberty to the petitioners to approach the

learned Magistrate by personal appearance for the learned Magistrate to consider and recall.

Miscellaneous petitions, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J Date: 02.08.2018 ska