Allowed

El Sadiq Attelmanan Abdalla Awa, (A-10) v. The State of Andhra Pradesh

Telangana HC27 Mar 2014CRLP/3226/2014

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh allowed a bail petition filed by a non-resident petitioner, El Sadiq Attelmanan Abdalla Awa, accused of offences under IPC and POCSO. The court enlarged him on bail but imposed strict conditions, including surrendering his passport, due to his residence in Sudan.

What did the court decide?

Petitioner enlarged on bail on a personal bond of Rs. 10,000 with two sureties, subject to surrendering his passport.

El Sadiq Attelmanan Abdalla Awa, (A-10) Vs… — Child Sexual Offences (POCSO) | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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THURSDAY , THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND FOURTEEN

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:PRESENT:

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THE HON'BLE DR JUSTICE: K.G.SHANKAR

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CRLP .NO:3226 of 2014

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Between:

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El Sadiq Attelmanan Abdalla Awa, (A-10), S/o Attelmanan Abdalla Awa, aged 35 yrs., Occ:Business, R/o.H.No.332, Street No.32, Kalakala City Khartoum, Sudan Country.

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..... Petitioner/Accused No.10

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AND

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The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

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.....Respondent/ Complainant

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Petition under sections 437 & 439 of Cr.PC., praying that in the circumstances stated in the memo of grounds filed in the Crl.P., the High Court may be pleased to release the petitioner on bail pending trial in Crime No.40 of 2014 of Kanchan Bagh Police Station, Hyderabad, in the interest of Justice.

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The petition coming on for hearing, upon perusing the Petition and the memo of grounds filed herein, and upon hearing the arguments of Sri P. Vamsheedhar Reddy, Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made the following.

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ORDER:

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The petitioner is A-10. He seeks for grant of bail. The petitioner is a resident of Sudan. He allegedly committed offences under Sections 376 and 370-A IPC and under the provisions of the Protection of Children from Sexual Offences Act, Prohibition of Child Marriage Act and Prevention of Immortal Trafficking Act.

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The learned counsel for the petitioner submitted that the petitioner is innocent of the offences levelled against him and believing the representation of the father of the victim, the petitioner married the victim with a view to take her to Sudan along with him. In

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view of the defence set up by the petitioner, I consider it appropriate to

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..2..

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enlarge the petitioner on bail. However, where the petitioner does not belong to India, I consider it appropriate to enlarge the petitioner on bail on terms only.

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Accordingly, this Criminal Petition is allowed. The petitioner is enlarged on bail on a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties in a likesum to the satisfaction of VII Additional Metropolitan Magistrate, Hyderabad and further condition of his surrendering his passport to the Court.

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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To4

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1. The I Addl. Metropolitan Sessions Judge cum Special Judge for Trial of Cases under Protection of Children from Sexual offences Act, 2012, at Hyderabad

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2. The VII Addl. Chief Metropolitan Magistrate, at Nampally, Hyderabad

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3. The Superintendent, Central Jail, Cherlapally, R.R. District

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4. The Station House Officer, Kanchan Bagh Police Station, Hyderabad

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5. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

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6. One CC to Sri P. Vamsheedhar Reddy, Advocate (OPUC)

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7. One spare copy