Telangana High Court
CRLP/12599/2017 of D.Chandrasekhar Vs State of A.P., on 28 December 2017
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 HON’BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 12599 of 2017 Between: D.Chandrasekhar, S/o. Deva Chinna
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 HON’BLE SMT JUSTICE T.RAJANI
CRIMINAL PETITION No. 12599 of 2017
Between:
D.Chandrasekhar, S/o. Deva Chinna Subbaiah Petitioner (Accused No.4 in Cr.No. 39/2016 of Gonegnadla P.S., Kurnool Dist)
AND
State of A.P., rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana & the State of A.P.
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 direct the respondent to release the petitioner on bail in the event of his arrest pursuant to the registration of Crime NO. 39 of 2016 of Gonegandla P.S., Kurnool District.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Lakshmikanth Reddy Desai, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following
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ORDER:
“ This petition is filed under Section 438 Cr.P.C. seeking for grant of anticipatory bail to the petitioner, who is A4 in Crime No.39 of 2016 on the file of Gonegandla Police Station, Kurnool District.
2. The offences alleged against the petitioner are under Sections 420, 409, 166, 167, 465, 466 and 471 IPC.
3. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State.
4. The case was registered on a complaint, which was in fact given by this petitioner, who was working as Tahsildar of Gonegandla Mandal, Kurnool District, stating that A1 in this case was engaged by him as Computer Operator for three months from August, 2015 to February, 2016 and while he was working as such, he committed mischief regarding change of mutations in respect of certain lands.
5. The learned Public Prosecutor submits that in the course of investigation, the role of this petitioner came to light and he was added as an accused. He further submits that this petitioner absconded and is not attending the office.
6. Learned Counsel for the petitioner points out the averments in the counter, wherein it is mentioned that the petitioner has applied for medical leave, from which it can be said that he is not absconding.
7. Therefore, considering that there are no transactions after the report given by the petitioner against A1 and others, this Court is of the opinion that it is a fit case to grant anticipatory bail to the petitioner-A4.
8. Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Gonegandla Police Station, Kurnool District, 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.20,000/- (Rupees twenty thousand only) with two sureties in 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:
..2..
i) The petitioner shall make himself available for interrogation by a police officer as and when required. officer as and when required.
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; 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. the Court.
As a sequel, miscellaneous petitions, if any pending, in this petition shall stand closed.”
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The II Additional Sessions Judge, Kurnool.
Facts
2. The Judicial Magistrate of First Class, Pathikonda.
3. The SHO, Gonegundla Police Station, Kurnool District.
4. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
5. One CC to Sri Lakshmikanth Reddy Desai, Advocate(OPUC)
6. One spare copy.
SAH
HIGH COURT
TRJ
DATED: 28-12-2017 ORDER CRL.P.NO. 12599 OF 2017
ANTICIPATORY BAIL
HIGH COURT
TRJ
DATED: 28-12-2017
ORDER CRL.P.NO. 12599 OF 2017
ANTICIPATORY BAIL