GOGIREDDY ANJIREDDY Vs. STATE OF A.P. REPRESENTED BY ITS PUBLIC PROSECUTOR THROUGH POLICE STATION, KARAMPUDI, GUNTUR DIST. AND ANOTHER

JUDGEMENT

(1.) This petition is filed under Sec. 439 (2) Crimial P.C. for cancellation of bail granted in favour of respondents/A.1 to 6 and A. 8 by I Additional Junior Civil Judge, Gurazala in Crl.M.P. No. 5056 of 2016 in Crime No.79 of 2016 of Karampudi Police Station, Guntur District for the offences punishable under Sections 147, 148, 307, 324 and 509 read with 149 Penal Code on various grounds viz., (1) the offences referred to above are non-bailable and without notice to the Assistant Public Prosecutor, the petition was disposed of by the Magistrate, granting bail to the accused before it; 2) that while granting bail to the accused, the Magistrate came to the specific conclusion that a false case was foisted against them; 3) that after enlarging the petitioners on bail, when they started threatening the petitioner herein, he lodged a complaint before the police complaining threats and a copy of which is filed before this Court, but no crime is registered so far.

(2.) During hearing, learned counsel for the petitioner herein reiterated all the three grounds, whereas respondents' counsel contended that the petitioner herein was in the Court at the time of granting bail and no notice was issued as Assistant Public Prosecutor was staying at Vinukonda of Guntur District, which is 30 kilometers away to the Court where the accused were produced. Sri P.S.P. Suresh Kumar, learned counsel for the petitioner, contended that the accused were produced before the Magistrate at his residence on Sunday and thereby, the question of presence of the petitioner herein in the Court does not arise.

(3.) As seen from proviso 4 to sub section (1) of Sec. 437 Crimial P.C., which was inserted by Criminal Law Amendment, 2005 w.e.f 206.2006, no person, shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub section without giving an opportunity of hearing to the public prosecutor.