Ajinaya Swamy Noori v. The State Of Telangana

[ 2see ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY,THE SEVENTH DAY oF DECEMBER TWo THoUSAND AND I],V€NTY :PRESENT:

THE HONOURABLE SRI JUSTICE K. LAKSHMAN IA No. 1 OF ZOZO IN CRLP NO: 9691 OF 2O1B Between:

Ajinaya Swamy Noori, S/o. NLN Murthy ,t'

Petitioner/Accused No. 3 AND The State of Telangana, Through Jawaharnagar police Station, Cyberabad, Hyderabad, Rep. by public prosecutor, High Lourt at Hyderabad.' Respondent/Co m pla in a nt Petition under section 439(2) of cr.p.c., praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to relax the condition No.2 viz report in before the sHo concerned on every w'londay and Wednesday till filling of charge sheet and thereafter once in a month on 1st monday till completion of Trail and enquiry between 5.O0pM and 6.00 pl4_afld 6,OO PM for assurance of his availability and n on- interfere nce in any manrfer with the witness imposed by this Hon'ble Court in CRLP No.9691/2018 dt: L8/09/201,8, pending disposal of CRLP No. 9691 of 2018, on the file of the High Court. CRL.P. No.9691 of 2018:

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners on Bail in the event of their arrest in Crime No.40412015, on the file of lawaharnagar Police Station, Cyberabad; 1'

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 18-09-2018 made in CRL.P. No. 9691 of 2018 and upon hearing the arguments ofKS. lt4URTHY, Advocate for the Petitioner, and oF PUBLIC PROSECUTOR for the Respondent, the Court made the following ORDER:

This application is filed seeking to relax condition No.2 imposed by this Court in the order dated 18.O9.2018 in Crl.P,N0.9691 of 2018. The petitioner is A3 in Crime No.4O4 of 2015 pending on the file of Jawaharnagar Police Station. The offences alleged against the petitioner are under Sections 4L9, 42O, 468t 47L read with 120b IPC. This Court vide order dated 18.09.2018 this Court granted anticipatory bail on imposition of certain conditions including the condition that the petitioner shal! report before the Station House Officer, concerned on every Monday and Wednesday till filing of the charge sheet and thereafter once in a month on lst Monday till completion of trial/enquiry between05.O0 PM and 06.00 PM for assurance of his availability and noninterference in any manner with the witnesses. Learned counsel for the petitioner would submit that the petitioner has been complying with the order of this Court and there is no allegation against the petitioner that he has violated any of the conditions imposed by this Court and also he is threatening the witnesses'

On instructions, learned Public Prosecutor, would submit that the Police have completed the investigation and only charge sheet has to be filed.

Considering the above said fact that there is no allegation against the petitioner/A3, this Court is inclined to relax the said condition No.2 imposed by this Court. However, it is made clear that other conditions imposed in the order remain unaltered. The petitioner shall cooperate with the Investigating Officer by appearing before him as and when his presence is required.

ULA 6l$ / ITRUE COPY/ / ,rSS:STANT SECTI FFICER To, 1, The XXI Metropolitan I\4agistrate, Medchal, Cyberabad.

2. The Station House Officer, Jawaharnagar Police Station, Cyberabad.

3. Two CCs to Public Prosecutor, High Court of Judicature, at Hyderabad.

4. One CC to Sri K.S. 14URTHY, Advocate (OPUC)

5. One Spare Copy I

( HIGH COURT KLJ DATED;O7/L2/ZO2O ; I( ]..tt > I't *ll all u*$ I

ORDER

IA No. 1 of 20:10 In CRLP.No,9691 of 2018 RELAXATION CF BAIL