THE HON'BLE Dr. JUSTICE K. MANMADHA RAO
CRIMINAL PETITION NO. 3461 OF 2022 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the Petitioner/A2 on bail in the vent of his arrest in connection with Crime No.146 of 2020 of Indukurpet Police Station of Sri Potti Sri Ramulu Nellore District for the offence punishable under Sections 307, 506 read with Section 34 of IPC.
2. Heard Mr. Marri Venkata Ramana, learned counsel for the petitioner/Accused No.2 and learned Assistant Public Prosecutor.
3. As seen from the material available on record, Crime No.146 of 2020 was registered on 03.10.2020 under Sections 307, 506 read with 34 of IPC on the file of Indukurpet Police Station, Sri Potti Sri Ramulu Nellore District. The Accused No.1 in the said crime was arrested and remanded to judicial custody. Thereafter, he was released on bail on 24.12.2020 by the I Additional District and Sessions Judge, Nellore.
4. Now, the petitioner/Accused No.2 has approached this Court seeking Anticipatory Bail. While granting bail to A-1, the I Additional District and Sessions Judge, Nellore, observed that material part of investigation is completed.
5. Learned Assistant Public Prosecutor opposed and argued that there is judgment of the Hon'ble Supreme Court that on apprehension of arrest of the accused only he has to seek bail and that fact is not mentioned in this petition by the petitioner. 2
6. The crime was registered in the year 2020 and the petitioner has approached this Court for granting Anticipatory Bail under Section 438 of the Code of Criminal Procedure.
7. In the light of the above observations, this Court is inclined to grant Anticipatory Bail to the petitioner/A2. But, the petitioner/A2 is directed to surrender before the Station House Officer, Indukurpet Police Station of Sri Potti Sri Ramulu Nellore District, within a period of fifteen days from the date of receipt of the order. On such surrender, the petitioner/A2 shall be released on bail on his executing a self bond for Rs.20,000/- (Rupees Twenty Thousands only) with two sureties for like sum to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/A2 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;
(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.
7. Accordingly, the Criminal Petition is disposed of.
___________________________ Dr. K. MANMADHA RAO, J Date:12.05.2022 HS 3 THE HON'BLE Dr.JUSTICE K. MANMADHA RAO CRIMINAL PETITION NO. 3461 OF 2022 Date: 12.05.2022 HS