M.Madhu v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SIXTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN PRESENT THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 11747 of 2017 Between:
M. Madhu, S/o. Narsaiah Petitioner/Accused No.4 AND The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature At Hyderabad, (Through P.S. Jangaon, Jangaon District). Respondent COUNSEL FOR THE PETITIONER: SRI. JALLI KANAKAIAH COUNSEL FOR THE RESPONDENT : THE ADDL. PUBLIC PROSECUTOR (TG) Petition under Section 438 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 the petitioner/A-4 on anticipatory bail in the event of his arrest in Connection with Crime No.410 of 2017 on the file of P.S. Jangaon, Jangaon District (Warangal District) during the pendency of inquiry and trail.
The Court made the following Order:
This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner-A4 for the offences alleged under Sections 409, 467, 468 and 471 r/w 34 IPC.
2.
Heard learned counsel for the petitioner-A4, learned Additional Public Prosecutor representing the State and perused the record. 3.
Learned counsel for the petitioner-A4 would submit that the petitioner-A4 was falsely implicated in this case pursuant to the confession made by A1. There is no specific overt act against the petitioner-A4 with regard to alteration of date of birth of A2 from the year 1959 to 1962 to seek employment on compassionate grounds in the office of Municipal Commissioner, Jangaon and ultimately, prayed to allow the petition. 4.
On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioner-A4.
5.
As per the record produced before this Court, the petitioner is arrayed as A4 pursuant to the confession made by A1. A1 and A3 were remanded to judicial custody and were granted regular bail. The record also reveals that the alteration of service record of A2 was made by one Puli Swamy etc. It further appears that subsequently, the petitioner-A4 approached A1 to process the service record of A2 to seek employment on compassionate grounds.
6.
Having regard to the nature of allegations and the material collected so far, the petitioner-A4 can be granted bail under Section 438 Cr.P.C.
7.
In the result, the Criminal Petition is allowed directing the petitioner-A4 to surrender before the Station House Officer, Jangaon Police Station, Warangal District, within 15 days from the date of this order. On such surrender, the said S.H.O. shall release the petitioner-A4 on bail, on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to his satisfaction. On release, the petitionerA4 shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. The petitioner-A4 shall attend before the S.H.O. concerned on every Sunday between 10.00 A.M. and 11.00 A.M. till filing of charge sheet. Sd/- P.V.K.Satyanarayana ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Judl. First Class Magistrate, Jangon
2. The II Addl. Sessions Judge. Warangal
3. The Station House Officer, Jangaon Police Station, Jangaon District, Warangal District.
4. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
5. One CC to Sri. Jalli Kanakaiah, Advocate (OPUC)
6. One Spare copy KK
HIGH COURT Dr.SAJ DT. 6-12-2017 BAIL ORDER CRL.P.NO. 11747 OF 2017 DIRECTION
Drafted by: KK Drafted on: 6-12-2017 HIGH COURT Dr.SAJ DT. 6-12-2017 BAIL ORDER CRL.P.NO. 11747 OF 2017 DIRECTION