The court refused anticipatory bail but granted liberty to surrender. The petitioner must present for regular bail before the Magistrate within 15 days, which must be considered urgently.
Liberty to surrender within 15 days for regular bail consideration.
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THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.11810 of 2014
ORDER:
This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/A-2 seeking anticipatory bail in connection with a case in Crime No.133/2014 of Sathyavedu Police Station, Chittoor District registered against the petitioner and others for the offences punishable under Sections 379 I.P.C, Sections 21(1) and 21(4) of Mines & Minerals (Development and Regulations) Act, 1957 and Section 26(1) of Water Land and Trees Act, 2005.
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. Taking consideration of the propensity of the crime, none of the petitioners are 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 they 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-accused 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/Sessions Judge for regular bail within 15 days from the date of receipt of this order and with notice to learned Assistant Public Prosecutor/Additional Public Prosecutor concerned and in such an event, the learned Magistrate/Sessions Judge shall consider by granting bail in favour of the petitioner/Accused No.2 preferably on same day if not atleast by next day with necessary conditions.
4. Accordingly, these three criminal petitions are disposed of.
Dr. B.SIVA SANKARA RAO J,
26th September, 2014 ksh
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail or liberty to surrender for regular bail.
Whether imposition of conditions and time limits prejudices the petitioner's liberty.
Whether the learned Magistrate/Sessions Judge is bound to consider regular bail application within specific timeframe.
5 provisions across 4 enactments
Petitioner/A-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
