Beesu Yakaswami v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.11959 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/accused Nos.6, 7 and 9 to 12 in Crime No.169 of 2023, on the file of Noothankal Police Station, Suryapet District, registered for the offences punishable under Sections 143, 147, 148, 324, 326 and 302 r/w. 149 of IPC.

2.

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

3.

The Police Noothankal registered two FIR's bearing Nos.168 and 169 of 2023. The said crimes were registered when two groups clashed and attacked one another. 13 persons were mentioned in Crime No.168 of 2023 and 16 persons were mentioned in Crime No.169 of 2023. The petitioners herein are shown as Accused Nos.6, 7 and 9 to 12.

4.

Learned counsel appearing for the petitioners would submit that it was a free fight between two groups and these petitioners are falsely implicated.

5.

On the other hand, learned Additional Public Prosecutor opposed the bail application stating that investigation is pending and role of these petitioners is specifically mentioned in the remand report.

6.

As seen from the remand report, several witnesses were already examined and the overt acts attributed against these petitioners are on the basis of confession given by other accused.

7.

In the said circumstances of the case, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions:- i) The petitioners/accused Nos.6, 7 and 9 to 12 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of Judicial First Class Magistrate, Thungathurthy.

ii) The petitioners/accused Nos. 6, 7 and 9 to 12 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of four weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioners/accused Nos. 6, 7 and 9 to 12 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

8.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 07.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.11959 OF 2023 Dt.07.12.2023 dv