Allowed anticipatory bail to petitioners apprehending arrest in a G.R. case involving IPC offences. Granted 21-day surrender liberty to apply for regular bail in the lowest court.
Allowed application for anticipatory bail; granted liberty to surrender before S.D.J.M., Koraput within 21 working days to apply for bail.
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ABLAPL No.16639 of 2016
15.12.2016 Heard learned counsel for the petitioners and learned Additional Standing Coun
sel.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 341, 325 and 294/34 of the IPC in G.R. Case No.57 of 2006 of the court of lear
ned S.D.J.M., Koraput, arising out of Padwa P.S. Case No.4 of 2006. In the meantime charge she
et has been filed.
The injury sustained by the injured is simple in nature. The petitioners are p
ermanent residents of Golur and Gunthasima, PS-Padwa and Dumuriguda, Dist.-Koraput and Visakha
patnam respectively and there is no chance of their absconding from justice. There is no alleg
ation on behalf of the State that the petitioners will tamper with the prosecution evidence, i
f they are released on bail.
Keeping in view the aforesaid consideration and the facts of the case, applica
tion for anticipatory bail is allowed. The petitioners are given liberty to surrender before t
he learned S.D.J.M., Koraput within twenty-one working days hence in connection with the afore
said case and apply for bail. On such event, they shall be released on bail on such terms and
conditions as deemed just and proper by the learned Magistrate.
The petitioners shall not be arrested by the I.O. or any Police Office
r on his own accord or any warrant issued by the learned S.D.J.M., Koraput till expiry of 21 w
orking days.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules. ....
S.K.Mishra, J.
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest for offences under Sections 341, 325, and 294/34 IPC.
Whether to grant liberty to surrender within 21 working days and subsequently apply for bail in the trial court.
Petitioners
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court