Saddam Ali v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY SECOND DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 12478 of 2017 Between:- Saddam Ali, S/o. Soukath Ali.
..... Petitioner/Accused No. 2.
AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad, through Station House Officer, Falaknuma Police Station, Hyderabad.
.....Respondent/Complainant.
Petition filed under Sections 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in the event of his arrest in connection with FIR No. 350 of 2016 on the file of Station House Officer, Falaknuma Police Station, Hyderabad.
The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri M. Layeeq Khan, Advocate for the Petitioner and of Addl. Public Prosecutor(TS) on behalf of Respondent-State, 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.2, for grant of anticipatory bail in the event of his arrest in Crime No.350 of 2016 on the file of the Falaknuma Police Station, Hyderabad District, registered for the offences punishable under Sections 376(2)(n), 506 of I.P.C. and Section 5(L) read with 6 of the Protection of Children from Sexual Offences Act, 2012. 2.
Heard the learned counsel for the petitioner/accused No.2, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
In the course of submissions, it is brought to the notice of this Court that the accused No.1 married the de-facto complainant today. Accused No.1 was remanded to judicial custody and he was granted regular bail. In the Remand Report, dated 14.07.2016, it is specifically mentioned that the petitioner/accused No.2 committed the offence punishable under Section 506 of I.P.C. It is a bailable offence. The apprehension of the petitioner/accused No.2 of non-bailable offence cannot be ruled out. Under these circumstances, the petitioner/accused No.2 is entitled for bail under Section 438 of Cr.P.C. on some conditions.
4.
Accordingly, the petitioner/accused No.2 is directed to surrender before the Station House Officer, Falaknuma Police Station, Hyderabad District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Falaknuma Police Station, Hyderabad District, shall release the petitioner/accused No.2 on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties in a like sum each to his satisfaction.
Contd..2..
- 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 I Additional Metropolitan Sessions Judge, Hyderabad. 2.The XVI Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. 3.The Station House Officer, Falaknuma Police Station, Hyderabad. 4.Two CCs to the Public Prosecutor(TS), High Court at Hyd.(OUT) 5.One CC to Sri M. Layeeq Khan, Advocate(OPUC) 6.One spare copy.
TKK
HIGH COURT DR.SA.J DT.22-12-2017.
ANTICIPTORY BAIL ORDER CRL.P.No. 12478 of 2017 RELEASE THE PETITONER ON BAIL
DRAFTED BY TKK DT.23-12-2017.
HIGH COURT DR.SA.J DT.22-12-2017.
ANTICIPATORY BAIL ORDER CRL.P.No. 12478 of 2017 RELEASE THE PETITONER ON BAIL.