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High Court for State of TelanganaCRLP/10666/2017allowed no costs

Abdul Rahman Ismail , Bullet Ismail v. The State Of Andhra Pradesh

2017-11-10Shameem Akther4 pages

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

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 10666 of 2017 Between:

Abdul Rahman Ismail @ Bullet Ismail, S/o. Abdul Rahman Petitioner (Accused No.7 in Cr.No.103/2015 of Madanapalle II Town P.S.) AND The State of Andhra Pradesh, through SHO, Madanapalle II Town Police Station, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana & the State of Andhra Pradesh.

Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to release the petitioner on bail, pending investigation, enquiry and trail into Crime No. 103 of 2015 of II Town Police Station, Madanapalle, Chittoor District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Suresh Kumar Reddy Kalava, Advocate for the Petitioner and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" Heard learned counsel for the petitioner/A.7 and learned Additional Public Prosecutor for the respondent State, and perused the record. This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/A.7 in Crime No. 103 of 2015 of Madanapalle II Town Police Station, Chittoor District, for the offences punishable under Sections 353, 307, 379 and 120-B IPC, Sections 20(i)(ii)(iv) and (x) and 36 of A.P. Forest Act, Section 29 of Wild Life Protection Act and Section 55(2) of Biological Diversity Act and Rule 3 of the Andhra Pradesh Red Sandal and Sandal Wood Transit Rules. It is not brought to the notice of this Court by the learned Additional Public Prosecutor that any material seized would constitute an offence under the Forest Act and other relevant Acts. It is submitted on behalf of the petitioner/A.

7 that nothing was recovered from the possession of the petitioner/A.7. Charge sheet is also filed. Under these circumstances, the petitioner/A.7 can be enlarged on bail. In the result, the petitioner/A.7 is ordered to be released on bail on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two local sureties each in a like sum to the satisfaction of the learned II Additional Judicial First Class Magistrate, Madanapalle, Chittoor District. Accordingly, the Criminal Petition is allowed."

..2..

To

1. The II Additional District and Sessions Judge, Madanapalle, Chittoor District.

2. The II Addl. Judicial First Class Magistrate, Madanapalle, Chittoor District.

3. The Superintendent, Sub-Jail, Madanapalle, Chittoor District.

4. The SHO, II Town Police Station, Madanapalle, Chittoor District.

5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 10-11-2017

ORDER

CRL.P.NO. 10666 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 14-11-2017 HIGH COURT Dr.SAJ DATED: 10-11-2017

ORDER

CRL.P.NO. 10666 OF 2017 BAIL GRANTED