Andhra Pradesh High Court - Amravati
Yerramsetti Kanakalakshmi vs The State Andhra Pradesh on 6 November, 2023
Bench: T Mallikarjuna Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE SIXTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY THREE
'PRESENT:
THE HONQURABLE SRI JUSTICE T MALLIKARJUNA RAD
CRIMINAL PETITION NO: 8406 OF 2023
Bebyeen:
Yerramsatti Ranakalakshin, Wisc Nageswara Rac, Aged about 52 years, Babbill
Dibba, Alcat Gardens, Near LPO Junction, Ralamahendravaram.
. PettionerAccused
AND
The Stale Andhra Pradesh, SHQ, 1] Town Palice Station, Rafamahendravaram Rep.
thraugh Public Prosecutor, Honourable High Court of Andhra Praciesh at Amaravatl,
. Respondent/Respondent
Petition under Section 389 of CrP. is fled praying that in the circumstances
Slated in rnemorandum of grounds of Criminal Petifion,.the High Court may be
pleased to enlarge the Feltionsr on Ragular ball in Cr. AMPNo 358 of 2023 in
Griminal Appeal No.7? of 2023 on the fie of Vih Additional District and Seesians
Jdudge, East Godavari at Ralamahendravaram.
Tre petition coming on fer hearing, upon gerusing the Petition and
memorandum of grounds of criminal petition and upon hearing the srquments of &
S.Sudhakar Kumar, Advocate for the Petitioner and Public Prosecufor for the
Respondent, the Court made the following:
ORDER:
HON TELE SRI JUSTICE T. MALLIKARIUNA RAG
No. 8406 of 2023
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CUNoaS?? of 2017, date 09.12.2022 on the file of the learned
Vo Additional = Judicial - Magistrate oof First Class,
Majarrahendravaram, was suspended pending disposal of the
appeal an the same terms and conditions imposed by the trial
Court, while passing the orders suspending the sentence passed
by It. Tf is further ordered that the apoellant shall further depasit
an amount of Rs.60,000/+ Le. 2060 of the compensation amount
of Rs.3,00,000/- as required under Section 148 of NI Act, before
the learned V Additional Judicial Maqistrate of First Class,
Relamahendravaram within 60 days from the date of order,
falling which, ball stands cancelled.
3, It is submitted that the petitionerfappellant has nat
deposited the amount within stipulated time and again she»
approached the Sessions Court by Fling a petition in
CiM.P.NG.358 of 2023 seeking to enlarge her on ball a the
disposal of Criminal appeal and the said court dismissed the sald
application by observing that in the absence of any discretion
canferred on the appellate court to extend the period for deposit
of campensation beyand GO days, it does not have the power to
grant bail to the cetitioner at that juncture.
6. Learned counsel for the petitioner brought to the notice of
this Court that the petitioner/appellant has deposited 20% af
the amount as directed' by the Appellant Court, by way of FDR,
and Aled the same by way of memo for perusal. It is further
submitted that the petitioner is a wornen and prays to enlarge
her on bal.
Fuk pork
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cn in view of the aforesaid fects and circumstances of 4
lenasifed the amount as directed
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ft
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case, since the petiianer he
by the Appellant Court and also considering the fect that
pettoner is a wonvan, this Court is inclined ta grant bail to the
petitioner herein, on the following coneitions.
G) The petitioner shall be released on executing a
personal bond for Rs. LO.000/- (Rupees ten thousand only} with
one surety for a ike sum to the satisfaction of the learned ¥
Adelitional Judicial Magistrate of First Class,
Raiamahendravaramn
& Accordingly, the Criminal Petition is allowed.
Sa. M. SRINIVAS
GISTRAR
ASSISTANT REC
TRUE COPY! fas
SECTION OFFICER
Foi o wom CAT SP P PRA ES
ASS Magistr ate, Rararnahendravaram.
LESS
Fi vk
the Super intendent, 'Ray vamahe BC dravaram Central Prison, East Godavari
Uustrict.
Rat
The Station House Cicer, if Town Police Station, Ralamahendravaram, Ea
Godavari District.
One CO fo Sri. B Sudhakar Surmar, Advacate
Pwo Cts to Public Prosecutor, High Court o AP oun}
One spare cuoy
3 5
at
HIGH COURT
TRIB,
GON 1/2023
»
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DATED
ORDER
GCRLP.Nod4ds of 2025
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