Polepaka Joses v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA : HYDERABAD MAIN CASE NO: Crl.P.No.10724 of 2023 PROCEEDING SHEET 06.11.2023 KS,J IA.No.1 OF 2023 (for being mentioned) This application is filed seeking correction of typographical mistake at para-5 of the order dated 03.11.2023 in Crl.P.No.10724 of 2023.

Learned Counsel for petitioner/A3 submits that this Court on 03.11.2023 granted Anticipatory Bail to the petitioner/A3, but, inadvertently the 4th, 5th & 6th paragraphs of the order was typed as if regular bail was granted to the petitioner instead of Anticipatory Bail.

In view of the aforesaid submission, Office is directed to delete the 4th, 5th and 6th paragraphs and substitute the following paragraphs i.e. 4 to 8. "4. Learned counsel for the petitioner would submit that in fact the petitioner along with other persons had lodged the complaint with the Police alleging that material was subjected to theft, which was in possession of the Department. He further submits that Accused No.1 alleged to have confessed about the involvement of this petitioner who is working as Assistant Engineer.

Accordingly, in the

alteration memo, the police had shown the name of this petitioner and others.

5. On the basis of the alteration memo reflecting the petitioner's name, this petition is filed apprehending arrest.

6. Keeping in view that the petitioner has lodged the complaint, it appears that accused No.1 has deliberately implicated this petitioner in his confession.

7. Apart from the confession there is no other evidence against this petitioner, as such the relief of Anticipatory Bail can be considered and also for the reason of the petitioner being the complainant and now working as Assistant Engineer, subject to the following conditions: i) The petitioner/A3 is directed to surrender before the Station House Officer, Ghanpur Police Station, Jayashankar-Bhupalpally District, on or before 08.11.2023. On such surrender, the said Station House Officer shall release the petitioner/A3 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.

ii) On such release, the petitioner/A3 shall appear before the concerned Police on every

Monday for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) In the event of petitioner/A3 failing to assist the investigation, the Police are at liberty to seek cancellation of bail granted.

iv) The petitioner/A3 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.

8. Accordingly, the Criminal Petition is allowed. Accordingly, the earlier order dt.03.11.2023 passed in Crl.P.No.10724/2023 stands corrected. Office is directed to issue corrected copy of the order. ____________ KS,J Note: Issue CC by today.

b/o.tk