IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND AND TEN : PRESENT : THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No. 1825 of 2010. Between:- Md. Qaiser S/o. Md. Hussain. ..Petitioner (Accused No.1 in Crime No. 137 of 2009 on the Shalibanda Police Station, Hyderabad). And State of Andhra Pradesh, through Public Prosecutor, High Court of A.P., P.S. Shalibanda, Hyderabad. ..Respondent Complainant in-do- Petition under Section 438 of Crl.P.C. praying that in the circumstances stated therein, the High Court may be pleased to release the petitioner/A-1 on bail in the event of his arrest in Crime No. 137 of 2009 of P.S. Shalibanda, Hyderabad on such terms and conditions. The Petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Mohamed Abdul Qader, Advocate for the Petitioner and of the Addl. Public Prosecutor on behalf of the Respondent. The Court made the following ORDER :- “The petitioner-A.1 is an agent dealing in motor vehicles. The complaint of the defacto complainant is that he purchased the vehicle through A.1, which ultimately was not registered in his favour and later it was found to be mortgaged with A.2 and A.2 took away the vehicle. In the entire episode, prima facie guilt would be of the owner of the vehicle who inspite of knowing the fact that the vehicle is mortgaged with A.2 had offered to sell the vehicle. Unfortunately, he was not made as an accused to the offence. Considering these circumstances, the petition is allowed and the petitioner, in the event of his surrender before the Station House Officer, Shalibanda Police Station, shall be enlarged on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the said SHO. Post the matter after two weeks. The learned APP to report the action taken with regard to the main accused i.e. the owner of the vehicle who has allegedly offered the vehicle for sale in spite of it being mortgaged. Post on 26-3-2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1.The III Additional Metropolitan Sessions Judge, Hyderabad. 2.The Station House Officer, Sha Ai Banda Police Station, Hyderabad 3.Two CCs to the Addl. Public Prosecutor, High Court of A.P., Hyderabad.(OUT) (By Special Messenger) 4.One CC to Sri Mohamed Abdul Qader, Advocate(OPUC). 5.One Spare copy. TKK HIGH COURT PSR.J DT.05-03-2010. ANTICIPATORY BAIL ORDER. CRL.P.NO. 1825 OF 2010. RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST. DRAFTED BY TKK DT.06-03-2010. HIGH COURT PSR.J DT.05-03-2010. Note :- Post the matter after two weeks. ANTICIPATORY BAIL ORDER CRL.P.NO. 1825 OF 2010. RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST.