Balu Nayak v. The State Of Telangana
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.2987 OF 2017 ORDER:
This Criminal Petition under Sections 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioner/ A-4 on pre-arrest bail since he is apprehending arrest in connection with Crime No.349 of 2016 of Police Station, Narayanapet, Mahboobnagar District, registered for the offences punishable under Sections 304-B, read with 34 of IPC.
The specific case of the prosecution in brief is that the petitioner along with others filed petition before the Sessions Court in Crl.M.P.No.19 of 2017 whereunder the Sessions Court directed the petitioner and other accused to surrender before the Judicial Magistrate of First Class, Narayanapet and to seek regular bail on 18.01.2017. Despite the direction, the petitioner and other accused did not surrender before the Magistrate as directed. However, again filed another application in Crl.M.P.No.144 of 2017, but by order dated 17.02.2017 the VII Additional Sessions Judge, Mahboobnagar enlarged A-3, petitioner No.1 therein on bail in the event of his arrest considering his disability while declining to grant pre-arrest bail to this petitioner.
Even now the petitioner again approached this Court for grant of pre-arrest bail without any changed circumstances. Therefore, the petitioner having flouted the order passed by the Sessions Judge, failed to surrender before the Court and after attaining the order finality, again filed an application which ended in dismissal and approached this Court. Therefore, there are no bona fides in the claim of the petitioner. Hence, I find no ground to enlarge the petitioner on pre-arrest bail at this stage and consequently, the petition is liable to be dismissed.
In the result, this Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.
____________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:18.04.2017 ccm
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.2987 OF 2017 Date:18.04.2017 ccm