CRLP/12041/2017 of Jangam Vivek Prudvi Vs The State of Andhra Pradesh on 28 December 2017

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY EIGHTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT : THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 12041 of 2017

Between:-

Jangam Vivek Prudvi, S/o. Subba Rao.

..... Petitioner/Accused No. 8.

AND

The State of Andhra Pradesh, through S.H.O., Rajanagaram Police Station, East Godavari District, rep. by Public Prosecutor, High Court, 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 enlarge the petitioner herein on bail in the event of his arrest in connection with Cr.No. 224 of 224 of 2017 of Rajanagaram Police Station, East Godavari District.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri S. Srinivasa Babu, Advocate for the Petitioner and of Public Prosecutor(AP) on behalf of Respondent-State, the Court made the followingORDER :- “This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A18, in Crime No.224 of 2017 on the file of Rajanagaram Police Station, Rajamahendravaram. The offences alleged are under Sections 363, 365, 324, 323, 342, 506 r/w 34 IPC, Section 3 and 4 of A.P.Prohibition of Ragging Act and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3. The counsel for the petitioner takes this court through the contents of the statement given by the victim, wherein the name of this petitioner is not mentioned. No overtacts were also attributed to this petitioner.

4. The Public Prosecutor submits that the petitioner was among the crowd.

5. Considering the fact that the name of this petitioner is not mentioned in the statement given by the victim and no overtacts were specified against the petitioner and also the fact that the petitioner is a student and in order not to cause any disturbance to his studies, this court opines that it is a fit case for granting anticipatory bail.

6. Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Rajanagaram Police Station, East Godavari District, Andhra Pradesh, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

i) The petitioner shall make himself available for interrogation by a police officer as and when required. police officer as and when required.

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ii) 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;

iii) 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.”

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