IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3514 OF 2009 Between: Soma Gangaram .. Petitioner V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. .. Respondent Counsel for the Petitioner : Sri B. Vijaysen Reddy Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3514 OF 2009 O R D E R : This Court earlier passed interim order in this Criminal Petition to the effect that the Police shall not arrest the petitioner and that the investigation can be proceeded with. 2. Sri B. Vijaysen Reddy, the learned counsel appearing for the petitioner would submit that the police completed investigation and filed charge sheet and the case is posted for committal to the Special Court. This Court held in GUDDANTI NARASIMHA RAO V/s. THE STATE OF A.P. AND ANR [1], dealing with similar situation that the accused who attended the Court of Magistrate in relation to a case triable by the Court of Session need not obtain anticipatory bail before the case is committed to the Court of Session and it is enough that the learned Magistrate takes bond as required under section 441 (3) Cr.P.C. from the accused with or without sureties undertaking to appear before the Sessions Court till the conclusion of the trial. 3. The learned counsel appearing for the petitioner submits that the learned Magistrate issued bailable warrant in the first instance without issuing summons. 4. Under these circumstances, the learned Magistrate is directed to cancel the bailable warrant and bind over the petitioner-accused to the Court of Session on his executing a bond with or without sureties as the learned Magistrate thinks fit to his satisfaction and commit the case to the Court of Session without insisting on the petitioner to obtain anticipatory bail from the Special Court/Sessions Court. 5. With the above direction, the Criminal Petition is accordingly disposed of. ________________________ JUSTICE R. KANTHA RAO 13-10-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3514 OF 2009 CIRCULATION NO. 75 DATE 13-10-2011 COURT MASTER: I s L COMPUTER NO. 43 [1] ) 2010 (3) L.S. 309