Syed Mohisin Ahmad vs State Of Andhra Pradesh

Gannamaneni Ramakrishna Prasad, J

This Criminal Petition, under Section 438 of Cr.P.C., has been filed by the Petitioner/A.8, seeking Anticipatory Bail, in Crime No.339 of 2022 U/ss.399 of IPC and 27(1) of Arms Act of Chinna Bazar Police Station, SPSR Nellore District.

Heard Sri Malireddy Gowtham, learned Counsel for the Petitioner/A.8 and Sri V. Farook, learned Assistant Government Pleader appearing on behalf of learned Assistant Public Prosecutor.

Sri Malireddy Gowtham, learned Counsel for the Petitioner/A.8 would submit that the crime (F.I.R No.339 of 2022) was registered on 08.10.2022. The crime was registered against the eight accused. Seven of the accused have already been arrested and granted bail. The present Petitioner/A.8 is seeking the Anticipatory Bail.

Brief facts of the case are that, on 08.10.2022 at 03.15 hours, on receipt of credible information, the Inspector of Police, Chinna Bazar Police Station, went to R.C Complex Road, Opposite to Sun Light Opticals, Pogathota, Nellore and found that Petitioner/A.8 herein and other accused were committing dacoity by using deadly weapons. Out of Eight persons, 5 persons absconded, 3 persons were caught and seized three (3) knives from them under cover of Mahazarnama. Basing on the Mahazarnama, a case in Crime No.339 of 2022 has been registered against the Accused.

On query made by this Court, Sri V. Farook, learned Assistant Government Pleader appearing on behalf of Assistant Public Prosecutor would submit that the Final Report (under Section 173 of Cr.P.C) has not been filed.

Learned Counsel for the Petitioner/A.8 has drawn the attention of this Court to two Orders passed by this Court, wherein the crime registered against the accused therein is also under similar circumstances. In Criminal Petition No.1338 of 2023 by Order dated 01.03.2023, the accused therein was granted Anticipatory Bail under Section 438 of Cr.P.C in Crime No.389 of 2022. This Court had also granted Anticipatory Bail to the other accused therein under the same Crime No.389 of 2022 in Criminal Petition No.3492 of 2023 dated 18.05.2023.

Having regard to these facts and circumstances and also the fact that the F.I.R has been registered almost more than one year ago, this Court is inclined to grant Anticipatory Bail to the Petitioner/A.8 in F.I.R.No.339 of 2022 dated 08.10.2022

Accordingly, Anticipatory Bail is granted to the Petitioner/A.8 with the following conditions:

i. The Petitioner/A-8 (Syed Mohisin Ahmed S/o Bakshi Ahmed) is directed to appear before the Station House Officer, Chinna Bazar Police Station, twice in a week i.e., on every Monday and Thursday between 10:00 AM and 5:00 PM until further orders or till charge sheet is filed whichever is earlier;

ii. the Petitioner/A-8 shall be available for investigation as and when required by the Investigating Officer;

iii. the Petitioner/A.8 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Investigation or Police Officer.

Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.