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High Court for State of TelanganaCRLP/11245/2017allowed no costs

Korivi Venkata Ramaiah v. The State Of A.P Rep. By Its P.P

2017-11-24Shameem Akther4 pages

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

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 11245 of 2017 Between:

Korivi Venkata Ramaiah, S/o. Venkaiah Petitioner (Accused No.5 in Cr.No.230/2017 Chillakallu P.S., Krishna District) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court at Hyderabad, through Chillakallu P.S., Chillakallu, Jaggaiahpet Mandal, Krishna District. Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioner in the event of his arrest in connection with Cr.No. 230/2017 registered by the Chillakallu Police Station, Chillakallu, Jaggaiahpet Mandal, Krishna District in the interests of justice.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri G.V.S.Mehar Kumar, Advocate for the Petitioner and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.5, for grant of anticipatory bail in the event of his arrest in Crime No.230 of 2017 on the file of the Chillakallu Police Station, Krishna District, registered for the offences punishable under Sections 420, 409, 379 of I.P.C. and Section 37 read with Rule 27 of the AP WALTA Act, 2002.

2.

Heard the learned counsel for the petitioner/accused No.5, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The specific allegation against the petitioner/accused No.5 is that he is the owner of the lorry bearing registration No.AP 16 TY 5438. The learned counsel for the petitioner/accused No.5 would submit that the petitioner/accused No.5 has no knowledge about the alleged transportation of sand in the said lorry. The matter requires investigation. Under these circumstances, this Court is inclined to granted bail to the petitioner/accused No.5 under Section 438 of Cr.P.C., on some conditions.

4.

Accordingly, the petitioner/accused No.5 is directed to surrender before the Station House Officer, Chillakallu Police Station, Krishna District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Chillakallu Police Station, Krishna District, shall release the petitioner/accused No.5 on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioner/accused No.5 shall report before the Station House Officer, Chillakallu Police Station, Krishna District, on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner/accused No.5 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case.

..2..

5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Judicial Magistrate of First Class, Jaggaiahpet, Krishna District.

2. The SHO, Chillakallu Police Station, Jaggaiahpet Mandal, Krishna District.

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

4. One CC to Sri G.V.S.Mehar Kumar, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 24-11-2017

ORDER

CRL.P.NO. 11245 OF 2017 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 27-11-2017 HIGH COURT Dr.SAJ DATED: 24-11-2017

ORDER

CRL.P.NO. 11245 OF 2017 ANTICIPATORY BAIL