This judgment grants liberty to the petitioner, accused No. 2, to surrender to the Magistrate for regular bail under Section 44 Cr.P.C within two days, instead of dismissing the petition or granting anticipatory bail.
Liberty to surrender to the Magistrate for regular bail on the same day or at least by the next day.
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THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10668 of 2014
ORDER:
This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/accused No.2 seeking anticipatory bail in connection with a case in Crime No.393/2014 of II Town Police Station, Visakhapatnam registered against the petitioner and others for the offences punishable under Sections 420, 406 read with 34 I.P.C.
2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. Having regard to the circumstances stated in the petition as well as submissions made by the learned counsel, instead of dismissing from not entitled to the pre-arrest bail, but for regular bail in considering his personal liberty, this application is disposed of, by giving liberty to the petitioneraccused to surrender before the Learned Magistrate concerned to take into custody under Section 44 Cr.P.C by virtue of this order, move before the learned Magistrate for regular bail and with notice to learned Assistant Public Prosecutor concerned and in such an event, the learned Judge/Magistrate shall consider for granting of bail in favour of the petitioner with necessary conditions preferably on the same day if not atleast by the next day.
4. Accordingly, the bail application is disposed of.
__________________________ Dr. B.SIVA SANKARA RAO J,
17th September, 2014 ksh
2 issues framed by the court
Whether to grant anticipatory bail and liberty to surrender for regular bail on the next day.
Whether to dispose of the criminal petition filed under Section 438 of the Code of Criminal Procedure, 1973.
2 provisions across 1 enactments
Petitioner/Accused No.2
Respondent-State
Dr. B.SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
