Md. Abdul Akheem v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10503 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.1 seeking bail in the event of his arrest in connection with Crime.No.487 of 2023 on the file of KUC Police Station, Warangal District, registered for the offences under Sections 327 and 506 r/w. 34 of IPC.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that the de-facto complainant purchased a plot 20 years prior to the complaint. It is alleged that this petitioner and another have trespassed into the plot and threatened the de-facto complainant when he claimed that the said plot was his plot. When confronted, it is alleged that this petitioner and another assaulted the de-facto complainant with hands and asked him to go away. Thereafter, the complaint was lodged. The alleged incident happened on 19.08.2023 and the complaint was lodged on 07.09.2023. There is a delay of nearly one month in lodging the complaint.

4.

Since the de-facto complainant was allegedly assaulted with hands and no injuries were received according to the remand report of A-1, petitioner can be granted the relief of anticipatory bail, subject to following conditions:-

1) The petitioner/Accused No.1 is directed to surrender before the Station House Officer, KUC Police Station, Warangal District, on or before 30.10.2023. On such surrender, the said Station House Officer shall release the petitioner on bail, on his executing personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioner/Accused No.1 shall appear before the concerned Station House Officer at 10.00 A.M everyday for a period of two weeks, for the purpose of investigation and thereafter, as and when required.

3) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

5.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 20.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10503 of 2023 Dt.20.10.2023 dv