Allowed a direction for the petitioner to surrender to the Magistrate and apply for bail under S. 439 Cr.P.C. Directing the Magistrate to decide the application on the same day after due service of notice to the Public Prosecutor.
Direction permitted the petitioner to surrender before the Magistrate and move for bail under S. 439 Cr.P.C., to be decided on the same day.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION No.2532 of 2017
ORDER:
This criminal petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed to grant prearrest bail to the petitioner/Accused apprehending his arrest in connection with Crime No.19 of 2017 of Tirupati West Police Station, Chittoor District, registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code, 1860 (for short ‘I.P.C.’).
After arguing the matter for a while, learned counsel for the petitioner, seeks a direction from this Court to permit the petitioner to surrender before the Magistrate concerned, and to move an application under Section 439 of Cr.P.C. to grant bail and also seeks a direction to the learned Magistrate to consider his application on the same day.
Acceding to the request of learned counsel for the petitioner, without going into the merits of the case, I deem it appropriate to permit the petitioner/Accused to surrender before the Magistrate concerned, and to move an application for grant of bail, after due service of notice to the Public Prosecutor. In which event, the learned Magistrate is directed to decide the same on the same day, in accordance with law.
With the above direction, the Criminal Petition is disposed of.
_____________________________________ M.SATYANARAYANA MURTHY, J
10.04.2017 BV
1 issue framed by the court
Whether to grant direction to the accused to surrender before the Magistrate.
2 provisions across 1 enactments
Petitioner/Accused
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
