Andhra Pradesh High Court - Amravati
Thoti Raj Kumar Kumar vs The State Of Andhra Pradesh. on 22 October, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SECOND DAY OF OCTOBER (2 noe Lo TWO THOUSAND AND TWENTY UE We 'PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION NO: 4248 OF 2020 Between: Thoti Raj Kumar @ Kumar, S/o Thoti Murugesh, Aged about 23 years, Occ Tractor Driver R/o RTC Colony, Puttur Town and Mandal, Chittoor District. Petitioner/Marginal Accused AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A.P. Amaravathi. ...Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to be enlarge the petitioner/Accused in Cr.No. 288/2020 of Puttur Urban Police Station, Chittoor District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri B Chandra Shekhar Advocate for the Petitioner and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
[31837 ois, i ai eee THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.4248 OF 2020 ORDER:-
This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner on bail.
2. The petitioner is the accused in Crime No.288 of 2020 of Puttur Urban Police Station, Chittoor District.
3. The offences registered against the petitioner in the above crime are under Sections 354(A), 318, 312, 201, 376 (2) (i), 376(3) of the Indian Penal Code, 1860 and under Section 3 r/w 4, 5 (J)(ii) r/w © of the Protection of Children from Sexual Offence Act, 2012 (for short "POCSO Act").
4. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
5. As can be seen from the record, the petitioner was arrested in connection with the above crime on 16-06-2020 and since then he has been in judicial custody for more than last four (04) months period. As per the submission made by the learned Additional Public Prosecutor, investigation in this case is completed and preliminary charge sheet is also filed in the Court. However, he opposed the bail on the ground that it is a heinous crime committed by the petitioner against a minor girl, who is also of unsound mind and made her a pregnant after having sexual intercourse with her for about one year period. Though the offence is grave in nature as submitted by the learned Additional Public Prosecutor, as the petitioner has been ion eal weet ee9 languishing in jail for more than last four (04) months period, more particularly as the investigation is completed and preliminary charge sheet is already filed, this Court is of the considered view that the petitioner is entitled to bail on certain conditions.
6. In the result, this Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the learned Judicial Magistrate of First Class, Puttur. On his release, the petitioner shall report before the Station House Officer of Puttur Urban Police Station, daily between 10-00 A.M. to 1-00 P.M. until further orders. The petitioner shall not make any attempt to tamper with the prosecution evidence. He shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and it also entails cancellation of the bail.
To, NOOR WN > SD/- M.SURYANADHA REDDY ASSISTANT REGISTRAR TRUE COPY!// corr N EGISTRAR For ASSISTA The Special Court for Speedy Trail of Offences Under POCSO Act, Chittoor. The Judicial Magistrate of First Class, Puttur, Chittoor District. The Superintendent, District Jail, Kadapa District. The Station House Officer, Puttur Urban Police Station, Chittoor District. One CC to Sri. B Chandra Shekhar Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy vp ee | HIGH COURT CMR,J DATED:22/10/2020 ORDER CRLP.No.4248 of 2020 DIRECTION