KAKKI NAGESHWAR RAO Vs. STATE OF A P

JUDGEMENT

(1.) This is an application, under Sec 438 Cr.P.C., for grant of anticipatory bail, by the petitioner/A-4, in Preliminary Register Case No. 24 of 1992, on the file of the Court of the III Metropolitan Magistrate. Vijayawada.

(2.) Originally, on 30-9-1991, the learned Magistrate took cognizance of the offences punishable under Sections 365, 366-A, 372 and 420 IPC and under Section 5(1)(3) of Immoral Traffic (Prohibition) Act, against five persons, A-1 to A-5, in P.R.C.No. 30/1991 and issued summons to A-1, A-2, A-4 and non-bailable warrants against A-3 and A-5. On 23-7-1992, the learned Magistrate separated the case as against A-3 and A-5, as they were absconding and numbered the same as PRC 24/1992. As the petitioner/A-4 herein was not attending the Court, the learned Magistrate also separated the case against him (A-4) from PRC 30/91 and tagged on the same to PRC 24/92, which is pending as against A-3 and A-5.

(3.) The diary extract in PRC 30/91 discloses that the petitioner/A-4, in fact. surrendered and obtained bail from the Court of Session, Krishna Division, at Vijayawada; after surrender of the petitioner/A-4, the case against him (A-4) was split up from PRC 30'91 and tagged on with the case of the other accused, viz., A-3 and A-5 PRC 24/92; PRC 30/91 was being adjourned from day to day and on behalf of the petitioner/A-4, petitions were being filed for dispensing with his presence and the same were being ordered and ultimately on 19-4-1993, the petition filed on behalf of the petitioner/A-4 in the court below for dispensing with his presence was dismissed and a non-bailable warrant was issued against him. Thereafter, petitioner/A-4 was not traced and ultimately, on the notices issued to the sureties of the petrtioner/A-4, the sureties appeared in the lower court on 13-9-1993 and sought time to produce the petitioner/A-4 in that court. As a last chance, the case was adjourned to 4-10-1993. On that day 4-10-1993, the learned Magistrate passed the following Order: "A-1 and A-2 present. Both the sureties for A-4 present and represented that they are not able to produce A-4, and his whereabouts are not known and they are ready to pay the bond amount. Therefore, both the sureties are directed to pay.a sum of Rs. 5 OOO/- each towards penalty of his bond amount. In default, to suffer S-l for 3 months issue fress NBW against A-4 call on 15-11-1993" The petitioner/A-4. however, could not be traced thereafter. The learned Magistrate, on 9-12-1993, passed the following Order: "NBW is pending against A-4. No report. It is seen from the record that A-4 is absconding since long time and action against the sureties was already taken against them by releasing the entire bonds amount. As there is no likelihood of the apprehension of A 4 in near future, the case against A-4 is saprated and clubbed with the proceedings in PRC 24/92 pending against A-3 and A-5 and the present case is proceeded with against A-1 and A-2 only.....". After the issuance of the non-bailable warrant against him, the petitioner-herein/A-4 has filed this petition in this Court, under Section 438 Cr. P.C., seeking anticipadtory bail.