High Court for State of TelanganaCRLP/10927/2017allowed no costs

Chintala Srinivas Rao v. State Of Anhdra Pradesh

2017-11-16Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SIXTEENTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10927 of 2017 Between:- Chintala Srinivasa Rao, S/o. Papa Rao.

..... Petitioners/Accused No.2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh, Hyderabad.

...Respondent.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to grant Anticipatory Bail to petitioner by directing the Police to release him on bail, in the event of his arrest in Crime No. 87 of 2017 of Chatrai Police Station in the interests of justice.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Nimmagadda Satyanarayana Advocate for the Petitioners and the Addl. Public Prosecutor(AP) for the Respondent-State, the Court made the following ORDER :- "Heard learned counsel for the petitioner/A2 and learned Additional Public Prosecutor for the respondent State, and perused the record. This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner/A2 in Crime No.87 of 2017 of Chatrai Police Station, Krishna District for the offences punishable under Sections 379 IPC and Section 21 of MMDR Act; Sections 27, 35(ii), 38, 23 of APWALTA Act; Section 3 of PDPP Act and Rule 9-B(5) APMM CRA, 2016. It is alleged that the petitioner owns a lorry bearing No.AP.07.TU.

2215 and the said lorry was found transporting sand at Pherry Ghat on 14.09.2007 at 8:00 p.m. The driver of the lorry was arrested and released on bail. In the confession of A1, this petitioner is made as accused. The actual role of the petitioner/A2 is required to be determined. So, it is too early to say that the accusation against A2 is sustainable.

Under these circumstances, the petitioner/A.2 can be enlarged on bail under Section 438 Cr.P.C.

In the result, the Criminal Petition is allowed, directing the petitioner/A.2 to surrender before the Station House Officer, Chatrai Police Station, Krishna District, within 15 days from the date of this order. On such surrender, the said Station House Officer shall enlarge the petitioner/A.2 on bail on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/A.2 shall attend before the said Station House Officer on every Sunday between 8.00 and 9.00 a.m. till filing charge sheet. The petitioner shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and cooperate with the investigation."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR Contd....2..

- 2 - To 1.The XV Additional District and Sessions Judge at Nuzvid, Krishna District. 2.The Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. 3.The Station House Officer, Chatrai Police Station, Krishna District. 4.Two CCs to Public Prosecutor(AP), High Court of Judicature at Hyderabad. (OUT) 5.One CC to Sri Nimmagadda Satyanarayana Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT DR.SA.J DT.16-11-2017.

ANTICPIATORY BAIL ORDER CRL.P.No. 10927 of 2017 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR ARREST.

DRAFTED BY TKK DT.17-11-2017.

HIGH COURT DR.SA.J DT.16-11-2017.

ANTICPIATORY BAIL ORDER CRL.P.No. 10927 of 2017 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR ARREST.