A single judge considered an anticipatory bail petition filed under Section 438 Cr.P.C. relating to a theft charge. The court noted the petitioner's involvement in multiple similar cases and accordingly declined to grant anticipatory bail.
None. Anticipatory bail was denied with advice to surrender for regular bail.
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HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.9165 of 2014
ORDER :
This Criminal Petition is filed under Section 438 Cr.P.C. by the petitioner-A.4 seeking release in the event of his arrest in connection with Crime No.18 of 2014 of KPHB Colony Police Station, Cyberabad, which was registered for an offence punishable under Section 379 IPC.
2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.
3. The allegations in the report would disclose that on 04.01.2014 at about 1.00 p.m., two unknown persons committed theft of HTC Desire XC Mobile from the informant which she was boarding a bus at Nizampet X Road. In respect of the said incident, a case was registered under Sections 379 and 411 IPC. During the course of investigation, on 21.04.2014 at about 4.30 p.m., A.1 to A.3 were arrested along with Nokia 108 mobile phone. On interrogation they are alleged to have been confessed about the commission of theft of HTC desire XC Mobile in Crime No.18 of 2014 and also about the stolen mobile phones being sold to the petitioner-A.4. Basing on these allegations, the above crime came to be
registered.
4. Learned counsel for the petitioner submits that though the police have registered number of cases against the petitioner, he is innocent of the offences alleged against him.
5. On the other hand, learned Additional Public Prosecutor opposed the bail application, contending that the petitioner is involved in number of cases and as such, he does not deserve to the relief of anticipatory bail under Section 438 Cr.P.C.
6. Having the regard to the nature of allegations made and as the petitioner is involved in more than one case of similar nature, I am not inclined to grant anticipatory bail. However, the petitioner if so advised may surrender and seek regular bail.
7. Accordingly, the criminal petition is dismissed.
______________________ C. PRAVEEN KUMAR, J
8th August 2014.
mar
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who is involved in multiple similar cases.
Whether the petitioner is entitled to release under Section 438 Cr.P.C. in the event of his arrest.
2 provisions across 2 enactments
A.4
the State
C. PRAVEEN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
