Citation : 2022 Latest Caselaw 2474 AP
Judgement Date : 12 May, 2022
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.
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
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
CRIMINAL PETITION NO. 3461 OF 2022
Date: 12.05.2022
HS
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