In a criminal petition for anticipatory bail alleging threats by hired goondas, the High Court dismissed the petition as a bifurcation was not a fit case for granting bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Criminal Petition No.5484 of 2012
O R D E R:
The petitioner/A.1 is accused of offences punishable under Sections 447, 506 and Section 27 of the Arms Act, 1959 along with others. It is alleged that about 25 hired hooligans came to the de facto complainant and threatened him to settle his litigation with the petitioner or otherwise they would behead him. It is alleged that they belong to Nayeem gang. It is further alleged that when the de facto complainant wanted to contact the petitioner by cell phone, his cell phones were switched off and that when he was proceeding to the Police Station, he received a phone call threatening him saying that he knew where the de facto complainant was going.
It is contended by the petitioner’s counsel that the petitioner filed a suit for specific performance in respect of a property and that it is pending and that he has nothing to do with the present allegations. Investigation of the case is pending. Having regard to the proclamations said to have been made by the hired goondas at the time of the
alleged offence, this is not a fit case for granting
anticipatory bail to the petitioner.
Hence, the Criminal Petition is dismissed.
____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 13th July, 2012
PNV
1 issue framed by the court
Whether anticipatory bail can be granted in a case where the accused is accused of offences under the Arms Act and threatens were made by hired goondas.
A.
De facto complainant/Nayeem gang (unnamed)
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
