M. Jaya Gopi v. The State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.496 OF 2016 ORDER:

This Criminal Petition is filed by the petitioner-accused No.4 under Section 438 Cr.P.C. seeking to grant anticipatory bail to him in C.C.No.254 of 2015 on the file of Judicial Magistrate of First Class, Kuppam.

Heard and perused the material available on record. The petitioner, who is the owner of lorry bearing No.TN AE 4828, is alleged to have used his lorry in illegal transportation of sand. On the report given by the Tahsildar, Kuppam, a case in Crime No.84 of 2015 was registered and after completion of investigation, the police filed charge sheet before the Judicial Magistrate of First Class, Kuppam. Since the petitioner was shown as absconding, NBWs were issued against him. Therefore, the petitioner apprehends arrest. Considering the above circumstances, this Court is inclined to pass the following order:

The petitioner-accused No.4 is directed to surrender before the Magistrate concerned and file an application to recall NBWs issued against him and on such application being filed, the learned Magistrate is directed to recall NBWs issued against the petitioner and release him on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for the like sum to the satisfaction of the learned Magistrate. The petitioner is directed to report before the trial Court regularly on all hearing dates. Accordingly, the Criminal Petition is disposed of. _____________ RAJA ELANGO, J January 27, 2016 KTL