Disposed

E. Mani v. The State of Andhra Pradesh

Telangana HC2 Sept 2014CRLP/10015/2014

Case brief

AI extract

What is this about?

In Criminal Petition No.10015 of 2014, Justice B.Siva Sankara Rao disposed of an application for anticipatory bail filed under Section 438 Cr.P.C. Rejecting the plea of foisting a false case, the Court initially denied anticipatory bail but granted liberty to surrender and seek regular bail with strict conditions.

What did the court decide?

Liberty to surrender, move for regular bail, and grant bail subject to strict conditions including address proof, bank details, and non-interference with witnesses.

E. Mani Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2014)

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THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10015 of 2014

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ORDER:

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This Criminal Petition filed under Section 438 Cr.P.C by the petitioner/A1 in Crime No.130 of 2014, on the file of the Station House Officer, Satyavedu Police Station, Chittoor district registered against him for the offences punishable under Sections 379 IPC, 21(1) and 21(4) of Mines and Minerals Development and Regulation Act,1957 and 26(1) of WALTA Act.

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2.Heard the Learned Counsel for the Petitioner, the Learned Public Prosecutor for the Respondent-State and perused the material placed on record.

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3. The brief facts of the police proceedings are that the Station House Officer, Satyavedu on information on 11.08.2014 about transportation of sand, they went to the place and found a person by name Haribabu-A.2, the driver of vehicle TATA Turbo Intercooler bearing Reg.No.AP03Y 6353 transporting sand without any transit pass from Arunanadhi near Pulingundram village, Pichature Mandal and they arrested the A.2 and seized the vehicle and on interrogation, the A.2 revealed that on the instructions of A.1-the petitioner herein, he is transporting the same. The contention of the petitioner is he is innocent and the police foisted a false case against him. The said contention is untenable as he is conscious of transportation of sand in the offending vehicle and being owner of the same he has to explain. Thereby, there is prima facie accusation for which the petitioner is not entitled to concession of anticipatory bail.

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4. However, taking into consideration the duty of the Court to balance the propensity of the crime with personal liberty, instead of

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dismissal, the application is disposed of by giving liberty to the petitioner-A.1 to surrender before the learned Magistrate and move for regular bail with a notice to the learned Public Prosecutor concerned and in such an event, the learned Magistrate, shall give disposal of the application, preferably on the same day, by granting bail with necessary conditions which include furnishing of address proof with bank account particulars, passport, if any, attending to the police station for investigation, assurance of availability and securing his presence before Court, non-interference with witnesses and the like.

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__________________________ Dr. B.SIVA SANKARA RAO J,

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Date: 02.09.2014, Vvr.

E. Mani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

E. Mani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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