Andhra Pradesh High Court - Amravati
Visakhapatnam vs Unknown on 21 October, 2022
Author: K.Sreenivasa Reddy
Bench: K.Sreenivasa Reddy
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION Nos.8386, 8387, 8389, 8390 and
8391 of 2022
COMMON ORDER :
All the above Criminal Petitions are filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking regular bail, by different accused in Crime No.370 of 2022 of Air Port Police Station, Visakhapatnam, on the same grounds, hence, they are taken up together and are being disposed by this Common Order.
2) Based on a report given by one Dilip Kumar.M, a case has been registered by the Airport Police Station, Visakhapatnam against the petitioners and some others for the offences punishable under Sections 147, 148, 149, 341, 307, 324, 325, 427, 188 r/w 34 of the Indian Penal Code, 1850 (IPC) and under Section 3 of the Prevention of Damage to Public Property Act, 1984.
The brief facts are that on 15.10.2022 at about 4.00 p.m., when Roja Selvamani, M.L.A., along with her followers reached airport, Visakhapatnam and while entering the airport, a mob consisting of about 200 to 300 people armed with sticks and iron rods restrained their 2 vehicle and attacked her and her followers with an intention to kill Roja Selvamani and other YSRCP leaders and caused grievous injuries. It is alleged that said attack was on the instructions Pavan Kalyan, Janasena leader. It is alleged that the mob also attacked Roja Selvamani and other YSRCP leaders with a sharp edged weapon and with an iron dust bin cap. The de facto complainant received bleeding injury. The accused damaged the Government vehicles and broke the window screens and glasses of the vehicles and also other Government material.
3) It is submitted by the learned counsel for the petitioners that the subject crime is foisted due to political reasons and that no specific overtacts are attributed against the petitioners, and hence, prays to consider the request of the petitioners for grant of bail.
4) The learned Special Assistant Public Prosecutor opposed the bail application stating that the petitioners and others attacked on the informant and tried to kill Roja Selvamani and other YSRCP leaders, and it is with preplan and that investigation is pending, hence the petitions may be dismissed.
5) Perused the record.
6) It is alleged that on the date of alleged incident,
the petitioners and others attacked the informant and 3 others. It is specifically alleged that they tried to kill Roja Selvamani and other YSRCP leaders. There are no specific accusations and overtacts attributed against the petitioners herein. In view of the aforesaid circumstances, this Court feels that it is a fit case to grant regular bail to the petitioners, however, on certain conditions.
6) Accordingly, all the Criminal Petitions are allowed. The petitioners/A3, A4, A5, A6 A8, A18, A33, A84, A87 shall be released on bail on they executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned VII Additional Metropolitan Magistrate, Visakhapatnam. The petitioners are directed to attend every day before the investigating officer till the investigation is completed.
7) Accordingly, the Criminal Petitions are allowed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
__________________________________ JUSTICE K. SREENIVASA REDDY 21.10.2022 Issue C.C. today B/o GR 4 5 THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION Nos.8386, 8387, 8388, 8390 and 8391 of 2022 21.10.2022 GR 6