Telangana High Court
Syed Naseer Ur Rahaman Syed Sikindar ... vs The State Of Telangana on 9 February, 2021
Author: G. Sri Devi
Bench: G. Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.615 OF 2021
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.2 for grant of anticipatory bail in the event of his arrest in connection with Crime No.5 of 2020 of Bibinagar Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 420, 468, 471, 447 and 427 I.P.C.
2. Heard learned counsel for the petitioner/Accused No.2 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.
3. Learned counsel for the petitioner would submit that earlier the petitioner filed a bail application in Crl.P.No.1004 of 2020 and this Court by order, dated 19.02.2020, while dismissing the bail application directed the petitioner to surrender before the Court concerned with fifteen (15) days from the date of that order and move an application for bail and on such surrender, the Court below was directed to consider the application of the petitioner. However, the petitioner could not surrender before the Court concerned within the time stipulated due to ill health and in view of changed circumstances the petitioner is filing the present application seeking to grant bail.
4. Learned Additional Public Prosecutor opposed the petition. 2
5. This is the second bail application. Earlier, this Court by order, dated 19.02.2020 in Crl.P.No.1004 of 2020 directed the petitioner to surrender before the Court concerned within fifteen (15) days from the date of that order and move an application for bail, and on such surrender, the Court below was directed to consider the application of the petitioner. However, the petitioner could not surrender before the Court concerned within the time stipulated and till now also he has not surrendered on the ground that he is suffering from Kidney problem and filed the present application to grant bail. No medical reports are filed showing that he is taking continuous treatment for his ailment. Therefore, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for anticipatory bail is rejected.
6. Accordingly, the Criminal Petition is dismissed. However, the petitioner/A.2 is once again directed to surrender before the Court concerned within a period of two (2) weeks from today and move an application for regular bail, after giving prior notice to the Public Prosecutor concerned. On filing of such application, the said application shall be considered in accordance with law. If the petitioner fails to surrender before the Court concerned within the stipulated time, the police concerned shall take the petitioner into custody, forthwith.
Miscellaneous petitions, if any, pending in this petition shall stand closed.
______________________ JUSTICE G SRI DEVI 9th February, 2021 YVL/KTL 3 THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.615 OF 2021 Date:09.02.2021 YVL