Kokollu Rahamulla v. State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRLP .NO:11954 of 2017 Between:
1. Kokollu Rahamulla, S/o. Ankaiah,
2. Kommala Jayakrishna, S/o. Muniswamy, ..... Petitioners/Accused 3 and 4 AND State of Andhra Pradesh, rep. by the Public Prosecutor, High Court of Judicature, at Hyderabad for the State of TElangana and State of Andhra Pradesh, Hyderabad.
.....Respondent Petition under Sections 437 & 439 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed therein the High Court may be pleased to enlarge the petitioners on bail in Crime No. 167/2017 U/s 341 and 307 R/w Sec. 34 IPC of Kota Police Station. The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of SRI.T.V.SUMAN Advocate for the Petitioners and Additional Public Prosecutor for Respondent, the Court made the following. ORDER:
This Criminal Petition is filed by the petitioners/A.3 and A.4 under Section 439 of Cr.P.C. for grant of bail to them in Crime No.167 of 2017 of Kota Police Station, SPSR Nellore District, registered for the offences punishable under Sections 341, 307 read with 34 I.P.C.
2. Heard the learned counsel for the petitioners/A.3 and A.4, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3. The learned counsel for the petitioners/A.3 and A.4 would submit that the petitioners are innocent persons and they are falsely implicated in this case.
4. On the other hand, the learned Additional Public Prosecutor opposed for grant of bail to the petitioners/A.3 and A.4.
5. The material on record reveals that on 11.10.2017 at 6.10 p.m., when the de facto complainant was proceeding by a car, the accused Nos.1 and 2 dragged him outside of the car and said to have been caused bleeding injuries. The names of the petitioners/A.3 and A.4 are not mentioned in the First Information Report. These petitioners were remanded to judicial custody on 22.10.2017.
6. Having regard to the nature of allegations and the investigation conducted so far, the petitioners/A.3 and A.4 are entitled to be released on bail under Section 439 Cr.P.C.
7. Accordingly, the petitioners/A.3 and A.4 are ordered to be released on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties in a like sum each to the satisfaction of the learned Judicial Magistrate of I Class, Gudur, SPSR Nellore District. After being released on bail, the petitioners/A.3 and A.4 shall report before the Station House Officer, Kota Police Station, SPSR Nellore District, on every Sunday between 08.00 a.m. to 10.00 a.m., till filing of the charge sheet.
8. The Criminal Petition is, accordingly, allowed. Sd/- B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Judicial Magistrate of First Class, Gudur, SPSR Nellore District.
2. The VII Additional Sessions Judge, Gudur, SPSR Nellore District.
3. The Superintendent, Sub-Jail, Gudur, SPSR Nellore District.
4. The Station House Officer, Kota Police Station, SPSR Nellore District.
5. Two CCs to the Public Prosecutor (AP), High Court at Hyderabad (OUT)
6. One CC to Sri.T.V.Suman, Advocate, Advocate (OPUC)
7. One spare copy
HIGH COURT DR.SA.J DATED: 19.12.2017 CRL.P.NO.11954 OF 2017 BAIL
TRk dated: 20.12.2017 HIGH COURT DR.SA.J DATED: 19.12.2017 CRL.P.NO.11954 OF 2017 BAIL