Smikesh Krishnan Kutty v. The State Of Telangana,

[ 31s8 ] [ 3168 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE TWENW FIFTH DAY OF NOVE}4BER TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN IA No. 2 OF 2O2O IN IA No. 1OF 2020.

IN CRLP NO: 8556 OF 2019 Between:

Smikesh Krishnan Kutty S/o K. Krishnan Kutty ... Petitioner/Accu sed No.1 (Petitioner in CRLP 8555 OF 2019 on the file of High Court) AND The State of Telangana, Rep by Women P.S., Begumpet, through its public Prosecutor, High Court at Hyderabad.

...Respondent

( Respondents in-do-) Petition filed under Section 439(1)(b) R/w 482 of Cr.P.C. praying that in the circumstances stated in the Petition, the High Court may be pleased to relax/modify the conditions imposed vide orders dated 19.08.2020 passed in LA,No.1 of 2020 in Crl.P. No, 8556 of 2019 in Cr.No.250 of 2019 on the file of Women Police Station, Begumpet to the extent of "... in view of the above and having regard to the facts and circumstances of the case, from the month of October, 2020 onwards, the petitioner shall appear before the concerned investigating officer on 4th Saturday, of every month till completion of investigation".

IA No. 1OF 2020 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to relax the conditions imposed vide orders dated 07 /01/ 2020 passed in Crl.P.No.B556 of 2019 in Crime no. 250 of 2019 on the file of the High Court by deleting the clause "....subject to that condition the petitioner would cooperate wrth the investigation agency and would report before the above police station, on fourth Saturday of every month between 10-00 A.lvl. and 02-00 P.N4. till filing of the charge sheet.,.."

CRLP.NO.8556 0F 2019 Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the aFfidavit filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in the event of his arrest in the F,l.R. No, F.l.R. 250 of 2019 on the file of the Women Police Station, Begumpet, Hyderabad The petition coming on for hearing/ upon perusing the Petition and the grounds filed in support thereof and the order of the High Court dated 07-0L-2020 made in Crl.P. Order dated 19.08.2020 made in IA No.1 of 2020 and upon hearing the arguments of Sri N Naveen Kumar Advocate for the Petitioner and the Public Prosecutor for the Respondent, the Court made the following

ORDER

This petition is filed seeking to relax the conditions imposed vide order dated 19.08,2020 passed in I.A,No.1 ol 2O2O in Crl.P.No.8556 of 2019, to the extent of "In view of the above and having regard to the facts and circumstances of the case, from the month of October, 2O2O onwards, the petitioner shall appear before the concerned Investigating Officer on 4th Saturday of every month till comptetion of investigation."

Heard and perused the order dated 19,08,2O2O and also order dated 07.0r.2020.

Vide order dated 07,O1.2020, this court granted anticipatory bail to the petitioner/accused in Crl.P.No.8556 of ZO19 on imposing certain conditions including the condition that the petitioner shall appear before the Investigating Officer concerned on 4th Saturday of every month between 1O.O0A.M, to s,OOP,M, till filing of charge sheet, Today on instructions, learned Public Prosecutor would submit that the Police have completed investigation and filed charge sheet and the same was taken on file vide C.C,No,6302 of 2020. The said C,C, is posted on 23.12.2020.

In view of the same, the said condition imposed by this Court in the order dated O7.O1.2O2O in Crl.P.No.8556 of 2019 is relaxed, However, the petitioner shall appear before the Magistrate concerned in C,C,No.6302 of 2O20 on 23.L2.2O2O.

Accordingly, the petition is ordered.

SI)i- .K.SHYLESHI ASlilsTAl\1' lllilG lsrlt,\lt //TRUE COPY// SECTION OFFICER To,

1. The XV Addl Chief Metropolitan Magistrate at Hyderabad

2. The SHO Women P.S., Begumpet, Hyderabad.

3. One CC to Sri N Naveen Kumar Advocate IOPUC]

4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

5. One spare copy

J HIGH COURT KLJ DATED:25l LL / 2tl20 ...;,'ia.'4 v + *

ORDER

Hgtr{ IA No. 2 OF 2O2t) IN IA No. 1OF 2020 IN CRLP NO: 8556 OF 2019 DIRECTION