Mandela Ashok 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 HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 11540 of 2017 Between:- 1.Mandela Ashok, S/o. Late Kattaiah 2.Mandela Prem Kumar, S/o. Ashok ..... Petitioners/Accused Nos. 1 & 2 AND The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh.
...Respondent/Complainant.
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 release the petitioners on bail in the event of their arrest in Crime No. 41 of 2017 on the file of the Police Station : Kazipet, Warangal Rural District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioners and the Addl. Public Prosecutor(TS) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioners/accused Nos.1 and 2 for grant of anticipatory bail in the event of their arrest in connection with Crime No.41 of of Kazipet Police Station, Warangal Commissionarate, registered for the offences punishable under Sections 417 and 420 I.P.C.
2.
Heard learned counsel for the petitioners/accused Nos.1 and 2, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
The material on record reveals that petitioner /A2 borrowed a sum of Rs.3,00,000/- from the de facto complainant to meet his necessities and executed a Promissory Note in favour of the de facto complainant for the said amount. Thereafter, a cheque said to have given to the de facto complainant by petitioner No.2/accused No.2. The same was dishonoured. 4.
The litigation relates to monetary disputes basing on a pro note. The same can be agitated before the competent civil Court or criminal Court under relevant provisions of the Negotiable Instruments Act, 1881. Under these circumstances, the petitioners/accused Nos.1 and 2, being father and son, can be enlarged on bail under Section 438 Cr.P.C. Contd...2..
5.
In the result, the petitioners/accused Nos.1 and 2 are directed to surrender before the Station House Officer, Kazipet Police Station, Warangal Commissionarate, within a period of fifteen days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/accused Nos.1 and 2 on bail on each of them executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. On release, the petitioners/accused Nos.1 and 2 shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and co-operate with the Investigating Officer. Further, the petitioners/accused Nos.1 and 2 shall appear before the Station House Officer, Kazipet Police Station, Warangal Commissionarate, on every Sunday between 09:00 AM and 10:00 AM till filing of the charge sheet. 6.
Accordingly, the Criminal Petition is allowed." ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The III-Additional Sessions Judge, Warangal. 2.The IV Additional Judicial First Class Magistrate at Warangal. 3.The Station House Officer, Kazipet Police Station, Warangal Commissionerate.
4.Two CCs to Public Prosecutor(TS), High Court of Judicature at Hyderabad. (OUT) 5.One CC to Sri A. Prabhakar Rao, Advocate(OPUC) 6.One spare copy.
TKK
HIGH COURT DR.SA.J DT.06-12-2017.
ANTICIPATORY BAIL ORDER CRL.P.No. 11540 of 2017 RELEASE THE PETITONERS ON BAI L IN THE EVENT OF THEIR ARREST.
DRAFTED BY TKK DT.07-12-2017.
HIGH COURT DR.SA.J DT.06-12-2017.
ANTICIPATORY BAIL ORDER CRL.P.No. 11540 of 2017 RELEASE THE PETITIOENRS ON BAIL IN THE EVENT OF THEIR ARREST.