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Judgment
K.Sreenivasa Reddy, J
1) Since these Criminal Petitions are filed, under Section 438 CrPC, seeking anticipatory bail, by different accused in same crime viz. Crime No.370 of 2022 of Airport police station, Visakhapatnam Commissionerate, they are being taken up together for disposal by way of this Common Order.
2) A case has been registered against the petitioners and others for the offences punishable under Sections 147, 148, 149, 341, 307, 324, 325, 427, 188 read with 34 IPC and 3 of the Prevention of Damage to Public Property Act.
Brief facts are that basing on a report lodged by the informant one M.Dilip Kumar, dated 15.10.2022, the subject crime came to be registered. The allegations, in brief, are that 15.10.2022 at about 4.00 PM, he along with other followers of Smt. Roja Selvamani, Minister for Tourism and other Ministers reached Visakhapatnam Airport to go to Vijayawada by flight and while they were entering into Airport, a mob consisting of 200 to 300 unruly people, on the instructions of Sri Pavan Kalyan, Leader of Janasena Party, restrained their vehicles and attacked with sticks and iron rods with an intention to kill Smt. Roja Selvamani and other YSRCP leaders, by raisng slogans to kill the leaders and caused grievous injuries. Some of the members of mob tried to attack the Ministers and other YSRCP leaders present there and attacked with a sharp edged weapon and in that process they attacked the informant with an iron dustbin cap on his head and caused bleedng injuries and caused damage to government vehicles and broken the windows screens and pan glasses of the vehicle and other government material. The informant sustained bleeding injury and he was taken to Sunrise Hospital.
3) Heard Sri K.Chidambaram, learned Senior Counsel appearing for the petitioners in Criminal Petition No.8256 of 2022 and the other counsel appearing for petitioner(s) in other Criminal Petitions and the learned Additional Public Prosecutor appearing for respondent-State.
It is submitted by the learned counsel for the petitioners that no specific overt-acts are attributed against any of the petitioners with regard to their participation in the alleged attack and that the subject crime is foisted on political reasons, and that the petitioners are ready to co-operate with the investigation and hence, they pray to consider the request of the petitioners for grant of anticipatory bail.
5) The learned Additional Public Prosecutor opposed the bail applications stating that the petitioners and others attacked with preplan in an organized manner and tried to cause danger to the life of the informant and Ministers and also caused loss to the public property, and that investigation is pending in the subject crime and hence, it is not a fit case to grant anticipatory bail to the petitioners.
6) Perused the record. Though names of some of the petitioners is mentioned in the report, no specific overt-acts are attributed against any of the petitioners. Some of the accused in the subject crime were granted regular bail. In view of the aforesaid circumstances, this Court is inclined to consider the request of the petitioners for grant of anticipatory bail, however, by imposing certain conditions.
7) Accordingly, in the event of their arrest, petitioners shall be released on bail on each of them executing a personal bond a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioners shall co-operate with investigation and make themselves available for investigation as and when required and that they shall not directly or indirectly make any threat, inducement or promise to any of the witnesses acquainted with the facts of the case so as to dissaude him from disclosing such facts to the court or to police officer, and they shall not obstruct or hamper the police investigation. The petitioners shall attend before the police station concerned on every alternatee day between 10.00 AM and 1.00 PM till filing of the charge sheet.
8) Accordingly, the Criminal Petitions are allowed.
Consequently, miscellaneous applications pending, if any, in the Criminal Petitions shall stand closed.