Andhra Pradesh High Court - Amravati
Between vs Andhra Pradesh At Amaravati on 5 January, 2022
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 7636 OF 2021 Between: Matta Ammiraju, S/o. Matta Venkata Ramana, Aged: 71 years, Occ: Cultivation, R/o. H.No. 9-2-031, 5" Street, U.K.V.Nagar, Yanam, Puducherry - 533464. _..Petitioner/Accused . AND The State of Andhra Pradesh, through its Public Prosecutor, High court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition filed under Section 438 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 direct the Police P.S. Nakkapalli, Visakhapatnam District, to enlarge the Petitioner/Accused on bail in the event of his arrest in connection with Crime No. 309 of 2021 of P.S., Nakkapalli, Visakhapatnam District. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri B.V.S.S.B.K. RANJIT, Advocate for the Petitioner, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER - THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7636 of 2021 ORDER:
This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner/Accused in the event of his arrest in connection with Crime No.309 of 2021 of Nakkapalli Police Station, Visakhapatnam District, wherein the petitioner is alleged to have committed the offences punishable under Sections 306 and 201 r/w 34 of the Indian Penal Code, 1860 (for short IPC'.
2. Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
3. Learned counsel for the petitioner submits that petitioner is nothing to do with the present case and he is falsely implicated. He submits that initially petitioner's son was made as accused and later police added the present petitioner as accused. He further submits that the deceased and A-1 (son of the petitioner) used to live separately as such, petitioner is no way connected with the family life of the deceased and A-1. Hence, prays to grant pre- arrest bail to the petitioner.
4. Learned Assistant Public Prosecutor. submits that there are specific allegations against the petitioner and further investigation is going on.
5. Taking into consideration the above facts and circumstances of the case as the petitioner is father of A-1 aged about 71 years and further as there is no prima facie material against the petitioner, this Court deems it appropriate to grant pre-arrest bai] to the petitioner.
7. In the result, the criminal] petition is allowed and the petitioner/Accused Shall be enlarged on bail in the event of his for a sum of Rs.20,000/- (Rupees twenty thousand only) with two Sureties for a likesum each to the Satisfaction of the Station House Officer, Nakkapalli Police Station, Visakhapatnam District. As a sequel, all the pending miscellaneous applications shall Stand closed.
Sd/-M.Suryanadha & eddy ASSISTANT REG g ITTRUE COPY! y / SECTIO For / OFFICER 0 1. The Station House Officer, Nakkapalli Police Staiton, Visakhapatnam 2 One CC to SRI. B.V.S.S.B.K. RANJIT, Advocate [OPUC] 3 h Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Prades [OUT]
4. One spare copy Vd & HIGH COURT DRJ DATED:05/01/2022 ORDER CRLP.No.7636 of 2021 ALLOWED