The High Court dismissed an anticipatory bail petition filing the matter after two weeks. The court directed that the petitioner shall not be arrested in the interim pending further proceedings and production of a wound certificate.
Direction to list the matter after two weeks; interim direction that petitioner shall not be arrested.
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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND THIRTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRLP .NO:8032 of 2013
Between: Ganapathiraju, S/o.Chandramouli Raju,
..... Petitioner/Accused
AND
The State of Andhra Pradesh, through SHO, Puttaparthy Urban Police Station, Ananthapur District, Rep., by its Public Prosecutor, High Court of Andhra Pradesh at Hyderabad.
.....Respondent/Complainant
Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with Crime No. 36 of 2013 of Puttaparthy Urban Police Station, Anantapur District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri P V Sai Krishna, Advocate for the Petitioner and of the Additional Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“The learned counsel for the petitioner-accused submits that the petitioner has sent a complaint making certain allegations against one R.J.Ratnakar, Trustee of Sri Sathya Sai Central Trust, Puttaparthi, Anantapur District and the said complaint has been referred by the Hon’ble Governor of A.P. to the Principal Secretary to the Government on 01.06.2012. It is also submitted that subsequently a false E-mail I.D. was created in the name of the petitioner and messages were forwarded through the said E- Mail. After coming to know of the same, the petitioner has sent a representation to the Superintendent of Police, Anatapur on 22.06.2012. The petitioner is also said to have approached the Additional Director General of Police, CID, Hyderabad, A.P. in this case. The main contention of the learned counsel for the petitioner is that since the petitioner has made certain allegations against one R.J.Ratnakar who is very much
influential, at the instance of Ratnakar, the petitioner is falsely implicated in this case. It is also submitted that the petitioner is aged about 61 years whereas the de facto complainant in this case is a young boy and in all probability the petitioner could not have beat the victim in this case.
The learned Additional Public Prosecutor opposes the application and submits that the victim sustained grievous injury on the head and seeks time to produce wound certificate.
Hence, List the matter after two weeks. Meanwhile, the petitioner shall not be arrested.”
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1. The Station House Officer, Puttaparty Urban Police Station, Anantapur District
2. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
3. One CC to Sri P V Sai Krishna, Advocate (OPUC)
4. One Spare Copy AB
HIGH COURT
AB
DRAFTED ON 6-8-2013
BCKJ
DATE: 6-8-2013
ORDER
CRL.P.NO. 8032 OF 2013
DIRECTION
2 issues framed by the court
Whether the petitioner is entitled to bail pending investigation in connection with Crime No. 36 of 2013 without arrest.
Whether the petitioner's allegations of false implication and victim's youth justify bail.
1 provisions across 1 enactments
Ganapathiraju, S/o.Chandramouli Raju
The State of Andhra Pradesh
B.Chandra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
