Telangana High Court
CRLP/16092/2014 of Shaik Mahaboob S/o Shaik Jabber Vs The State of Telangana on 30 December 2014
SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.16092 of 2014 ORDER: The petitioners, who are A1 and A2, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of their arrest in connection with Crime No.325 of
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Conclusion
ORDER:
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMARCRIMINAL PETITION No.16092 of 2014
The petitioners, who are A1 and A2, filed the present application underSection 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking releasein the event of their arrest in connection with Crime No.325 of 2014 ofMoinabad Police Station, Cyberabad, Ranga Reddy District, registered for anoffence punishable under Section 3(i)(x) of SC & ST (PoA) Act (for short, ‘theAct’).
The allegations in the report are as under:
On 17.12.2014, at about 11.30 a.m., the neighbour of the informant byname Sheki Hyder was drilling a borewell beside his house. At that time, theinformant went there and questioned the neighbour as to whether he had anypermission from Gram Panchayath and MRO Office to drill the bore and askedhim not to drill the bore without obtaining permission from the concerned. It isalleged that A1 and A2 reached there, picked up argument with the informantand in that quarrel the accused are alleged to have abused the informant bytouching his caste. When one M.A.Haleem, 9[th] ward member came to therescue of the petitioner, the accused are alleged to have beat him. Basing onthese allegations, the above case came to be registered.
In view of the allegations made, which prima facie constitute an offencepunishable under Section 3(i)(x) of the Act, I am not inclined to grantanticipatory bail to the petitioners. However, the petitioners shall surrenderbefore the concerned Court and move an application for bail after givingnotice to the Public Prosecutor, which shall be dealt with on merits on thesame day.
Accordingly, the criminal petition is disposed of.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
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JUSTICE C. PRAVEEN KUMAR
31.12.2014vhb