Javeed Alias Mohammed Khaja Naseeruddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10703 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/Accused Nos.5 and 6 seeking anticipatory bail in the event of their arrest in connection with F.I.R No.315 of 2023 dated 15.10.2023 on the file of the Nalgonda I Town Police Station, Nalgonda District, registered for the offences punishable under Sections 147, 148, 307 r/w 149 of Indian Penal Code (for short 'IPC') and Section 25(1)(b) of Arms Act. 2.

Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that on 15.10.2023, accused No.1 was asked to meet the victim near Little Flower School Center. Accused No.1 taking advantage of the same has called accused Nos.2 to 6. All the accused armed with iron rods, knife and other deadly weapons attacked the victim. 4.

It is mentioned in the Remand Report that accused No.1 attacked LW4 with knife and accused No.2 attacked LWs2 and 4

and caused injuries and that accused Nos.2 to 4 beat LWs 1 to 4 and caused injuries.

5.

There are no specific allegations against these petitioners/ accused Nos.5 and 6 and their presence is mentioned when the incident has taken place. In view of there being no overt acts attributed to these petitioners, prayer for anticipatory bail can be considered, subject to the following conditions:

1) The petitioners/Accused Nos.5 and 6 are directed to surrender before the Station House Officer, PS, Nalgonda I Town, Nalgonda District on or before 08.11.2023. Upon such surrender, the said Station House Officer shall release the petitioners/Accused Nos.5 and 6 on bail, on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/Accused Nos.5 and 6 shall appear before the concerned police on every Monday for a period of eight (08) weeks and thereafter, as and when required for the purpose of investigation.

3) The petitioners/Accused Nos.5 and 6 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.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 02.11.2023 gvl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10703 of 2023 Dt.02.11.2023 gvl