Kuyimat Kalathi Rafeeque, v. The State Of A.P

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT CRIMINAL PETITION No.14990 of 2016 ORDER:

Vide the present petition, the petitioner/Accused seeks direction, thereby relaxing the conditions imposed on the petitioner/Accused in Crl.M.P.No.2891 of dated 05.10.2016 on the file of the Metropolitan Sessions Judgecum-I Additional District & Sessions Judge, Visakhapatnam. While enlarging the petitioner/Accused on bail, the Metropolitan Sessions Judge directed the petitioner to execute a personal bond for a sum of Rs.1,00,000/- with two sureties each and the sureties shall furnish a fixed deposit of Rs.1,00,000/- each to the satisfaction of the V Metropolitan Magistrate, Anakapalli.

Learned counsel appearing on behalf of the petitioner/Accused submits that the petitioner is poor person, he cannot afford the sureties with FDRs as directed by this Court. He submits that by these conditions he shall remain in jail, and in this manner, his right to get enlarged on bail, is denied.

Learned Additional Public Prosecutor has opposed the present petition and submits that if the conditions are relaxed, he may fled away from the judicial process and nothing could be recovered from him.

Keeping in view the averments made in the instant petition and the submissions of learned counsel for the petitioner and the learned Additional Public Prosecutor, I hereby modify the order in Crl.M.P.No.2891 of 2016, dated 05.10.2016 and direct the Metropolitan Sessions Judge to enlarge the petitioner on bail on executing a personal bond for a sum of Rs.1,00,000/- with two sureties of like sum each. It is needless to state that the bail is subject to verification of genuineness of the sureties. The remaining conditions of order dated 05.10.2016 shall remain intact. With the above direction, this Criminal Petition is partly allowed. No costs.

Miscellaneous Petitions, if any pending, shall stand closed.

JUSTICE SURESH KUMAR KAIT.

Date: 17-10-2016 gvl