The High Court dismissed an anticipatory bail petition. The Judge observed that since no chargesheet was filed against the petitioners, there was no reasonable apprehension of arrest to warrant the grant of bail.
No relief granted; matter adjourned for filing of instructions by the Public Prosecutor.
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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
TUESDAY, THE FOURTH DAY OF DECEMBER,
TWO THOUSAND AND SEVEN
: PRESENT :
THE HON’BLE SRI JUSTICE : P. SWAROOP REDDY
CRIMINAL PETITION No. 7144 of 2007
Between:
1. K. Mallesham, S/o Venkatiah
2. Ballabathul Laxmana Murthy, S/o Shankaraiah
.. Petitioners
(Accused in Cr. No. 3/2006 on the file of the S.H.O., CID, Hyderabad. )
And
The State of Andhra Pradesh, through S.H.O., C.I.D., Police Station, Hyderabad rep. by its Special Public Prosecutor for ACB, High Court of A.P., Hyderabad.
.. Respondent / Complainant
COUNSEL FOR PETITIONERS : Sri N. Subba Rao COUNSEL FOR RESPONDENT : Sri V. Ravi Kiran Rao, Spl. P.P., for ACB
Petition under Section 438 of Cr. P.C. praying that in the circumstances stated in the grounds filed herein the High Court may be pleased to direct the respondent to enlarge the petitioners on bail, in the event of their arrest in connection with Crime No. 3/2006 of Police Station, CID, Hyderabad under Sections 120 (B), 419, 420, 466, 468, 471, 477 (A), 201, 109 IPC and section 13 (1) (d) of prevention of Corruption Act, 1988.
The Court made the following :
ORDER :
“ The learned counsel for the petitioners reports that no chargesheet is filed against the petitioners. In such an event, there is no question of apprehension of arrest of the Petitioners.
Post on 07-12-2007 for hearing. The learned Public Prosecutor shall take instructions by then.
Till then they shall not be arrested.”
ASSISTANT REGISTRAR
// TRUE COPY // for ASSISTANT REGISTRAR
To
1. The Principal Special Judge for SPE & ACB Cases, City Civil Court, at Hyderabad
2. The S.H.O., C.I.D. Police Station, Hyderabad
3. Sri V. Ravikiran Rao, Spl. P.P.for ACB, Cases, High Court of A.P., Hyderabad
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
5. One CC to Sri N. Subba Rao, Advocate (OPUC)
6. One spare copy.
Skm
HIGH COURT
PSR,J
DATED :04-12-2007
ORDER
Crl. P. No. 7144 of 2007
DIRECTION
HIGH COURT
PSR,J
Drafted by: skm Drafted on: 04-12-2007
DATED :04-12-2007
ORDER
Crl. P. No. 7144 of 2007
DIRECTION
2 issues framed by the court
Whether anticipatory bail should be granted where no chargesheet has been filed.
Whether there is reasonable apprehension of arrest in the absence of a chargesheet.
K. Mallesham
Ballabathul Laxmana Murthy
The State of Andhra Pradesh
P. Swaroop Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
