High Court for State of TelanganaCRLP/11570/2017allowed no costs

Jatangi Suresh v. State Of Telangana

2017-12-11Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE ELEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 11570 of 2017 Between:- Jatangi Suresh, S/o. Veeraiah.

..... Petitioner/Accused No. 2.

AND State of Telangana, through its Public Prosecutor, High Court at Hyderabad.

.....Respondent/Complainant.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in connection with FIR.No. 293 of 2017 dt.23-10-2017 on the file of Suryapet I Police Station, Nalgonda District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri I. Gopal Sharma, 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, for grant of anticipatory bail in the event of his arrest in Crime No.293 of 2017 on the file of the Suryapet I Town Police Station, Suryapet District, registered for the offences under Section 384 of I.P.C.

Heard the learned counsel for the petitioner/accused, learned Additional Public Prosecutor representing the respondent-State and perused the record. 3.

The learned counsel for the petitioner/accused would submit that the petitioner/accused is an innocent person and falsely implicated in the case. As per the prosecution case, the offence alleged to have taken place on 23.10.2017 at 11:00 hours (Morning) at Suryapet. At that time, the petitioner/accused was attending LAWCET counselling before the authorities of Nizam Law College, Hyderabad, and ultimately prayed to allow the application.

On the other hand, the learned Additional Public Prosecutor opposed the grant of anticipatory bail to the petitioner/accused and contended that the petitioner/accused is involved in six similar cases and that the police has also opened a Rowdy Sheet against the petitioner/accused. 5.

The learned counsel for the petitioner/accused has filed a copy of the document pertaining to verification of LAWCET counselling that took place on 23.10.2017 at Nizam College, Hyderabad. A perusal of the said copy of the document would reveal that the petitioner/accused has attended LAWCET counselling 2017 admissions and submitted his original certificates before the authorities of Nizam Law College, Hyderabad. The place of alleged offence is Suryapet Town of Suryapet District, which is about 150 kilometres away from Nizam College, Hyderabad. As per the prosecution case, the time of occurrence of alleged incident is on 23.10.2017 at 11:00 hours. As per the copy of the LAWCET counselling, the time of submission of the certificates by the petitioner/accused to the authorities of Nizam Law College, Hyderabad, is on 23.10.

2017 at 12:11 hours. The presence of the petitioner/accused at Suryapet Town at the time of alleged offence is required to be determined after due trial. Having regard to the submissions of the learned counsel for both the sides and the material placed before this Court, the petitioner/accused is entitled for anticipatory bail under Section 438 of Cr.P.C. on some conditions.

Contd...2...

- 2 - 6.

Accordingly, the petitioner/accused is directed to surrender before the Station House Officer, Suryapet I Town Police Station, Suryapet District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Suryapet I Town Police Station, Suryapet District, shall release the petitioner/accused 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. After being released on bail, the petitioner/accused shall report before the Station House Officer, Suryapet I Town Police Station, Suryapet District, on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner/accused shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case. 7.

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 II Additional Sessions Judge, Nalgonda at Suryapet. 2.The Judicial First Class Magistrate Court at Suryapet. 3.Station House Officer, Suryapet I Town Police Station, Suryapet District. 4.Two CCs to the Public Prosecutor(TS), High Court at Hyd.(OUT) 5.One CC to Sri I. Gopal Sharma, Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT DR.SA.J DT.11-12-2017.

BAIL ORDER CRL.P.No. 11570 of 2017 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST

DRAFTED BY TKK DT.14-12-2017.

HIGH COURT DR.SA.J DT.11-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 11570 of 2017 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.