Shaik Shamshuddin v. The State Oftelangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5802 OF 2015 ORDER:

This criminal petition under Section 438 of the Code of Criminal Procedure is filed by the petitioner/accused seeking grant of anticipatory bail in connection with P.R.C.No.68 of 2013 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad, arising out of offences under Section 3(1)(x) of the Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Heard and perused the records.

Learned counsel for the petitioner submits that the criminal petition has become infructuous as the petitioner is arrested. He further submits that liberty may be given to him to move an application for regular bail before the Court below and that the petitioner has not committed any offence alleged against him.

In the facts and circumstances of the case, it is left open to the petitioner to move bail application before the Court below and on filing of such application, the Court below is directed to consider the same positively as the petitioner is 71 years old.

The Criminal Petition is accordingly dismissed as infructuous. _____________________ JUSTICE RAJA ELANGO 02.07.2015 pln