Disposed

M. Velu v. The State of Andhra Pradesh

Telangana HC20 Sept 2014CRLP/11082/2014

Case brief

AI extract

What is this about?

In this criminal petition filed under Section 438 Cr.P.C for anticipatory bail in an IPC and MMDAR Act case, the High Court denied anticipatory bail due to the nature of the crime but granted liberty to surrender for regular bail consideration.

What did the court decide?

Petitioner granted liberty to surrender for regular bail consideration within 15 days; anticipatory bail denied.

M. Velu Vs The State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2014)

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THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.11082 of 2014

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ORDER:

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This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/A1 seeking anticipatory bail in Crime No.226 of 2014 of Chillakur Police Station, SPSR Nellore District registered for the offences punishable under Sections 427, 379 IPC and Section 21(4) of MMDARA Act, 1957.

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

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3. The petitioner is the driver of lorry bearing No.TN 18 H 1117 and in fact it is on the confession of cleaner of the said vehicle i.e., A2 for the excavation of the sand illegally without permission or licence and illegal transportation to wrongful gain. The offences that are applicable are besides the above penal provisions under MMDAR Act, 1957.

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4. Taking consideration of the propensity of the crime, petitioner/A1 is not entitled to the concession of anticipatory bail, but for in considering the personal liberty for regular bail. It is needless to say in granting regular bail one of the conditions to be imposed by the learned Magistrate concerned are that if in future he repeat such crime, the bail shall stand be cancelled. It is subject to the above, instead of dismissing the application, this application is disposed of, by giving liberty to the petitioner/A1 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 within 15 days from the date of receipt of this order and with notice to learned Assistant Public Prosecutor concerned and in such an event, the learned Magistrate shall consider by granting bail in favour of the petitioner/A1 preferably on same day if not atleast by next day with necessary conditions.

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5. Accordingly, this criminal petitions is disposed of.

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Dr. B.SIVA SANKARA RAO J,

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20^th September, 2014 gra

M. Velu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M. Velu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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