Peruru Pavan Kumar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION NO.6274 OF 2017 ORDER:

This petition is filed by the petitioner/sole accused under Section 439 (1) (b) Cr.P.C seeking relaxation of the condition imposed against him in Crl.M.P.No.1561 of 2017 in Cr.No.126 of 2017 (of Chinna Chowk Police Station) on the file of the II Addl. Judl. Magistrate of I Class, Kadapa. 2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State of Andhra Pradesh.

3.

As per the allegations made in the complaint, the petitioner committed the offences punishable under Sections 354 and 506 IPC. Learned II Additional Judiciall Magistrate of First Class, Kadapa, while granting bail, on16-06-2017, passed the following order:

"In the result, this petition is allowed and the petitioner/ accused is enlarged on bail on his executing a personal bond for Rs.10,000/- along with two sureties for like sum each. Further the petitioner/accused is directed to appear before SHO, Chinna Chowk P.S. on every Monday in between 9.00 AM to 1.00 PM till filing of charge sheet or till the completion of 60 days whichever is earlier. Further the petitioner shall not involve in similar offences, shall not threaten the witnesses, shall not try to tamper any evidence in this case and shall not interfere with investigation."

4.

A perusal of the record reveals that the trial Court granted bail even during the pendency of investigation. The trial Court directed the petitioner to appear before the SHO, Chinna Chowk P.S. on every Monday between 9.00 AM to 1.00 PM till filing of charge sheet or till the completion of 60 days whichever is earlier. The petitioner instead of approaching the trail Court, straight away filed this petition for relaxation of condition. The trial Court passed the order on 16-06-2017. The condition imposed by the trial Court is

not onerous one to interfere. The trial Court rightly imposed the above condition while enlarging the petitioner on bail. I see no reasons to modify the order passed by the trial Court. 5.

Accordingly, the Criminal Petition is dismissed. _________________________ T.SUNIL CHOWDARY, J DATED: 07-08-2017.

Hsd