Allowed

K.Bhaskar Reddy, v. The State of Andhra Pradesh

Telangana HC15 Oct 2012CRLRC/1962/2012

Case brief

AI extract

What is this about?

This revision allowed the Criminal Revision Case against a dismissal of an application for extension of time to surrender. The High Court, noting the petitioner's typhoid fever, set aside the lower court's order and directed surrender within 15 days.

What did the court decide?

Impugned order set aside; petitioner directed to surrender before the concerned Court on or before 31.10.2012.

K.Bhaskar Reddy, Vs The State of Andhra Pradesh — Anticipatory Bail | Telangana HC (2012)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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Crl.R.C.No.1962 of 2012

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ORDER

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This revision is directed against the order dated 03.10.2012 passed in Crl.M.P.No.516 of 2012 in Crl.M.P.No.1184 of 2012 in Cr.No.64 of 2012 of Alipiri Police Station, Tirupati, by the learned Special Sessions Judge-cum-IV Additional District and Sessions Judge, Tirupati, whereby the petition filed by the petitioner seeking to extend the time to surrender before the IV Additional Judicial Magistrate of First Class, Tirupati, was dismissed.

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2. The revision petitioner is A4 in the aforesaid crime registered for the offences punishable under Sections 195, 196, 199, 419 and 420 read with Section 34 IPC. By order dated 20.07.2012 in Crl.M.P.No.1184 of 2012, the Court below granted anticipatory bail directing the petitioner to surrender before the IV Additional Judicial Magistrate of first Class, Tirupati, within 15 days from the date of the order and on such surrender, the petitioner shall be released on bail on his executing a personal bond of Rs.10,000/- with two sureties each for the like sum to the satisfaction of the said Court. It was also directed the petitioner to attend before the Station House Officer concerned weekly once between 8.00 AM to 11.00 AM for a period of one month or till filing of charge sheet whichever is earlier. The petitioner states that because of ill health, he could not surrender before the Court below within the specified time. Hence, he filed Crl.M.P.No.516 of 2012 for extension of time. By the order impugned, the Court

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below dismissed the said petition. Aggrieved by the same, the petitioner filed the present revision.

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3. Heard both sides and perused the material on record.

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4. Learned counsel for the petitioner contended that even though the petitioner filed the medical certificate showing that he was under treatment for Typhoid fever, the Court below has not considered the same and dismissed the impugned application.

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5. In view of the ailment suffered by the petitioner during the specified period, this Court of the view that an opportunity should be given to him to surrender before the Court below. Hence, the order impugned is liable to be set aside and the same is accordingly set aside.

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6. The Criminal Revision Case is allowed, directing the petitioner to surrender before the concerned Court as per the direction given by the learned Special Sessions Judge-cum-IV Additional District and Sessions Judge, Tirupati in Crl.M.P.No.1184 of 2012 dated 20.07.2012, on or before 31.10.2012. The Miscellaneous Petitions filed in this revision, if any, shall stand closed.

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15^th October, 2012 sj

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______________________ JUSTICE RAJA ELANGO

K.Bhaskar Reddy, v. The State of Andhra Pradesh

Case brief

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K.Bhaskar Reddy, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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