Disposed¶26

P Adinarayan Reddy v. State of Odisha

Orissa HC15 Jan 2025ABLAPL/377/2025

Case brief

AI extract

What is this about?

ABLAPL No.377 of 2025; High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; anticipatory bail; Section 438 Cr.P.C.; Sections 385, 341, 294, 323, 506 and 307 IPC; G.R. Case No.505 of 2022; Chhatrapur P.S. Case No.307 of 2022; S.D.J.M. Chhatrapur; surrender direction; verification of injury; bail conditions; cancellation of bail; disposed 15.01.2025.

What did the court decide?

Conditional anticipatory bail: petitioner directed to surrender before the learned S.D.J.M., Chhatrapur within three weeks and apply for bail in G.R. Case No.505 of 2022; Magistrate to release him on bail subject to verification of injury (order ineffective if injury is grievous) and subject to the additional conditions imposed. ¶26

P Adinarayan Reddy Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, already on bail in G.R. Case No.505 of 2022 and apprehending arrest owing to the addition of a higher offence under Section 307 IPC, is entitled to anticipatory bail under Section 438 Cr.P.C. +1 more

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Court's answer

The petitioner is directed to surrender and move an application for bail before the learned S.D.J.M., Chhatrapur in G.R. Case No.505 of 2022, arising out of Chhatrapur P.S. Case No.307 of 2022, within three weeks.

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Ratio / Principle

The learned court in seisin is to release the petitioner on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to verification of injury.

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Key takeaways

If the injury sustained by the injured is found to be grievous in nature, this order shall not be given effect to.ratio¶20
As an additional condition, the petitioner shall cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation.ratio¶21
As an additional condition, the petitioner shall not indulge in similar nature of offence while on bail.ratio

Detailed headnote1 paragraphs

Anticipatory bail – S. 438 Cr.P.C. – Petitioner earlier released on bail by learned S.D.J.M., Chhatrapur in G.R. Case No.505 of 2022 (order dated 27.06.2022); a higher offence under S. 307 IPC was thereafter added, creating apprehension of arrest – Offence originally under Ss. 385, 341, 294, 323, 506 IPC – Court directed petitioner to surrender and apply for bail before the learned S.D.J.M., Chhatrapur within three weeks; Magistrate in seisin to release him on bail on terms deemed just and proper, subject to verification of injury – If the injury is found grievous, the order shall not take effect – Additional conditions: cooperation with investigation and appearance before the I.O.; no similar offences while on bail; fortnightly appearance at the local police station (preferably Sunday, 10 A.M.–1 P.M.) for four months – Violation of conditions to entail cancellation of bail – Petitioner conceded criminal antecedent but undertook to abide by conditions.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.377 of 2025

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P Adinarayan Reddy

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.....

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Petitioner

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Represented By Adv. - Soubhagya Kumar Dash

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-versus-

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State Of Odisha

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..... Opposite Parties Represented By Adv. – Mr.Samaresh Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

15.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

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This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 385,341,294,323,506 of the Indian Penal Code.

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It is stated by the learned counsel for the Petitioner that earlier the Petitioner was released on bail by the learned S.D.J.M., Chhatrapur in G.R.Case No.505 of 2022 vide order dated 27.06.2022. He further contended that higher offence under section 307 of the Indian Penal

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Page 1 of 3.

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Code has been aided in the meantime, as a result of which the Petitioner apprehends arrest in connection with the higher offence. He also contended that the injuries sustained by the injured are not grievous in nature. He further contended that although the Petitioner is having criminal antecedent, he is ready and willing to abide by the terms and conditions that may be imposed by this Court.

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Taking into consideration the aforesaid fact, the Petitioner is directed to surrender and move an application for bail before the learned S.D.J.M., Chhatrapur in G.R.Case No.505 of 2022 arising out of Chhatrapur P.S.Case No.307 of 2022 within three weeks from today. In such eventuality, leaned court in seisin over the matter shall do well to release the Petitioner on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of injury. In the event it is found that the injury sustained by the injured is grievous in nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the following additional conditions:

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i) shall cooperate with the investigation and appear before the I.O. as and when required or the purpose of investigation;

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ii) shall not indulge in similar nature of offence while on bail ;

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Page 2 of 3.

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iii) shall appear before the local P.S. in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of four months;

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Violation of conditions either imposed by this Court or by the learned court in seisin over the matter shall entail cancellation of bail.

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The ABLAPL is disposed of accordingly.

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Issue urgent certified copy of this order as per Rules.

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( ADITYA KUMAR MOHAPATRA) JUDGE

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RKS

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Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 16-Jan-2025 14:00:46

P Adinarayan Reddy v. State of Odisha

Case brief

What is this about?

What did the court decide?

P Adinarayan Reddy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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