Chinthakayala Masenamma v. The State Of Andhra Pradesh

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN PRESENT THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 11421 of 2017 Between:

Chinthakayala Masenamma, W/o. Apanna Petitioner/Accused AND The State of Andhra Pradesh, rep. by the Public Prosecutor, High Court at Hyderabad. Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. K. MANIK PRABHU COUNSEL FOR THE RESPONDENT : THE PUBLIC PROSECUTOR (AP) Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to enlarge her on bail in Cr.No.127/2017 dated 29.8.2017 on the file of P.S. Parawada, Vishakapatnam District.

The Court made the following Order:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, for grant of bail in connection with Crime No.127 of 2017 on the file of the Paravada Police Station, Visakhapatnam District, registered for the offences punishable under Sections 325, 304-II of I.P.C.

2.

Heard the learned counsel for the petitioner/accused, learned Additional Public Prosecutor representing the respondent-State and perused the record. 3.

The material on record reveals that initially the crime was registered for the offence punishable under Section 325 of I.P.C., and later, on the death of the deceased, the offence was altered to Section 304-II of I.P.C. It is alleged that there was a dispute between the deceased and the petitioner/accused with regard to flow of waste water from their houses. In that process, there was exchange of words and beatings between them. The deceased was pushed by the petitioner/accused on a hard surface and she suffered injuries on 28.08.2017 and thereafter, she succumbed to the injuries on 09.09.2017. The petitioner/accused was arrested and remanded to judicial custody on 12.09.2017. Having regard to the nature of allegations levelled against the petitioner/accused and the investigation conducted so far, this Court is inclined to grant bail to the petitioner/accused on some conditions.

4.

Accordingly, the petitioner/accused is ordered to be released on bail on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to the satisfaction of the learned V Metropolitan Magistrate, Anakapalle, Visakhapatnam District. On such release, the petitioner/accused shall appear before the Station House Officer, Paravada Police Station, Visakhapatnam District, on every Sunday between 08:00 AM and 09:00 AM, till filing of the charge-sheet. 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 X Additional District and Sessions Judge, Visakhapatnam at Anakpalle.

2. The V Metropolitan Magistrate, Anakapalle, Visakhapatnam District

3. The Station House Officer, Parawada Police Station, Visakhapatnam District.

4. The Superintendent, Central Jail, Visakhapatnam Central Prison, Visakhapatnam.

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

6. One CC to Sri. K. Manik Prabhu, Advocate (OPUC)

7. One Spare copy KK

HIGH COURT Dr.SAJ DT. 29-11-2017 BAIL ORDER CRL.P.NO. 11421 OF 2017 DIRECTION

Drafted by: KK Drafted on: 30-11-2017 HIGH COURT Dr.SAJ DT. 29-11-2017 BAIL ORDER CRL.P.NO. 11421 OF 2017 DIRECTION