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ANDHRA PRADESH HIGH COURT
Cheekati Manavendranath Roy, J.
Mara Manohar and Ors. —Petitioners
versus
State of Andhra Pradesh —Respondent
Criminal Petition No.2731 of 2022
Decided on 25.4.2022

Advocates:
Counsel for the Parties:
For the Petitioners:Shaik Mohammed Ismail, Advocate
For the Respondent: Public Prosecutor (AP)

IMPORTANT POINT
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.

Headnote:

Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Sections 324, 307, 506 read with Section 34 – Assault and attempt to murder – petitioner seeks bail for the alleged offences in FIR – The petitioners were arrested on 26.03.2022 in connection with the above crime and since then they have been in judicial custody. The injured in this case was also discharged from the hospital – Thus, the record reveals that nine material witnesses have been also examined in this case – Therefore, there is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions. [Paras 5, 6].

Result: Bail granted.

ORDER

This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail.

2. The petitioners are A-1 to A-3 in Crime No.67 of 2022 of I Town Police Station, Proddatur, Kadapa District.

3. A case under Sections 324, 307, 506 read with Section 34 of the Indian Penal Code, 1860 (for short ‘I.P.C’) was registered against the petitioners in the above crime.

4. Briefly stated, it is the case of the prosecution that on 24.03.2022 at about 7.30 P.M., when the de facto complainant was going towards bus stop on his bike that he has dashed against the bike of the petitioners. There was some altercation between them in this regard. Thereafter, the petitioners herein who were A-1 to A-3 went to the house of the de facto complainant, armed with iron rods and attacked him and caused injuries to him on his head and thereby attempted to kill him. Therefore, it is stated that the petitioners have committed the aforesaid offences.

5. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

6. The petitioners were arrested on 26.03.2022 in connection with the above crime and since then they have been in judicial custody. The injured in this case was also discharged from the hospital. The record reveals that nine material witnesses have been also examined in this case. Therefore, there is considerable progress in the investigation. So, in the facts and circumstances of the case, this Court is of the considered view that the petitioners are entitled to be enlarged on bail on certain conditions.

7. Resultantly, the Criminal Petition is allowed. The petitioners are ordered to be enlarged on bail on execution of self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a likesum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Proddatur. On their release, the petitioners shall report before the Station House Officer, I Town Police Station, Proddatur, Kadapa District, daily between 10.00 A.M. and 1.00 P.M., till the entire investigation is completed and charge sheet is filed in this case.

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