Patnam Nizamuddin v. State Of A.P Rep By Its P.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE SMT. JUSTICE T. RAJANI CRLP .No.
24578 of 2017 Between:
Patnam Nizamuddin, S/o. Suleman, Aged about 21 years, R/o. Door No.459-260, Bangarulaxman Nagar, Kadiri, Ananthapur District. ..... Petitioner/ Accused No.2 AND State of A.P., Represented by its Public Prosecutor, High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh. .....Respondent/ Complainant Counsel for the Petitioner : Sri M. Karibasaiah Counsel for the Respondent : Public Prosecutor (AP) Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to grant anticipatory bail to petitioner i.e., Patnam Nizamuddin / Accused No.2 and may direct the Station House Officer, Kadiri Police Station to release him on bail in the event of his arrest in PRC No.23 of 2014 on the file of the Additional Judicial Magistrate of First Class, Kadiri, Ananthapur.
The petition coming on for hearing, upon perusing the Petition filed in support thereof, the Court made the following ORDER:
"This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.2, in Crime No.171 of 2011 on the file of Kadiri Town Police Station, Anantapur district, registered for the offences under Sections 452, 354, 506, 427, 366 and 511 R/w.34 of I.P.C. 2.
The petitioner's counsel filed an affidavit of the de-facto complainant wherein it is stated that this petitioner is not concerned with this offence. Learned Public Prosecutor disputed the signature, on which de-facto complainant was ordered to be present before the Court, to verify the truth of the affidavit.
3.
The de-facto complainant Sri T.Ameer is present before the Court and submits that the petitioner herein i.e., Pathan Nizamuddin is not involved in the crime for the aforesaid offences.
4.
Hence, in view of the above, this Court considers that this is a fit case for grant of anticipatory bail to the petitioner. Accordingly, the Criminal Petition is allowed. The petitioner/accused No.2 is directed to surrender before the
- 2 - Station House Officer, Kadiri Town Police Station, Anantapur District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing self bond for a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/accused No.2 shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioner shall make himself available for interrogation by a police officer as and when required;
2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
3) The petitioner shall not leave India without the previous permission of the Court.
As a sequel, the miscellaneous applications, if any pending, shall stand closed."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The Additional Judicial Magistrate of First Class, Kadiri, Ananthapur. The Station House Officer, Kadiri Town Police Station, Anantapur District. One CC to Sri M. Karibasaiah, Advocate (OPUC) Two CCs to Public Prosecutor (AP), High Court of Judicature at Hyderabad. (OUT) One spare copy.
- 3 - HIGH COURT TR,J DATE: 22-01-2018 ANTICIPATORY BAIL ORDER CRL.P. NO. 24578 OF 2017 DIRECTION
- 4 - HIGH COURT Nnr Date of Drafting: 25-01-2018 TR,J DATE: 22-01-2018 ANTICIPATORY BAIL ORDER CRL.P. NO. 24578 OF 2017 DIRECTION