Mandala Krisnaiah, v. Station House Officer,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY FIRST DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12447 of 2017 Between:
Mandala Krishnaiah, S/o. Thataiah Petitioner (Accused No.1 in Cr.No. 27/2016 of Manubolu P.S., SPSR Nellore Dist) AND Station House Officer, Manubolu Police Station, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh. 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 grant anticipatory bail to the petitioner herein for the offence U/sec. 420, 406 r/w 34 of IPC in connection with the Crime No. 27 of 2016 of Manubolu Police Station, SPSR Nellore District in the event of arrest.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of M/s. Pulipati Radhika, Advocate for the Petitioner and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed by the petitioner/A1 under Section 438 Cr.P.C. for grant of anticipatory bail to him in Crime No. 27 of 2016 of Manubolu Police Station, SPSR Nellore District, registered for the offences punishable under Sections 420, 406 r/w 34 IPC.
Heard the learned counsel for the petitioner/A1, learned Additional Public Prosecutor representing the respondent-State, and perused the record. The specific allegation against the petitioner/A1 is that he is hoarding PDS rice in the premises of his rice mill by name 'Malli Rice Traders'. The accused No.2 was granted bail under Section 438 Cr.P.C. by the learned VII Additional Sessions Judge, Gudur, in Criminal M.P.No. 1007 of 2017, on 08-09-2017. As per the orders dated 18-03-2016, passed in WPMP.No. 11012 of 2016 in WP.No. 8689 of 2016, this Court directed to release the subject rice in favour of accused No.2 on furnishing adequate bank guarantee. In view of the nature of the allegations and the circumstances of the case, the petitioner/A1 is entitled for bail under Section 438 Cr.P.C.
Accordingly, the petitioner/A1 is directed to surrender before the Station House Officer, Manubolu Police Station, SPSR Nellore District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Manubolu Police Station, SPSR Nellore District, shall release the petitioner/A1 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. On release, the petitioner/A1 shall report before the said Station House Officer, Manubolu Police Station, SPSR Nellore District, on every Sunday between 8-00 am and 10-00 am till filing of the charge sheet. The petitioner/A1 shall also abide by the conditions stipulated in Section 438(2) Cr.P.C. and cooperate with the investigating officer in the investigation of the case.
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The Criminal Petition is, accordingly, allowed. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Sessions Judge, Nellore District at Nellore.
2. The SHO, Manubolu Police Station, Nellore District.
3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
4. One CC to M/s. Pulipati Radhika, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 21-12-2017
ORDER
CRL.P.NO. 12447 OF 2017 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 21-12-2017 HIGH COURT Dr.SAJ DATED: 21-12-2017
ORDER
CRL.P.NO. 12447 OF 2017 ANTICIPATORY BAIL