Vimal , Vijaynathan Nirmal v. The State Of Telangana

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.226 OF 2018 ORDER:

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.1, in Crime No.133 of 2017 on the file of the Station House Officer, Market Police Station, Hyderabad City. The offence alleged is under Section 420 of I.P.C. 2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.

As per the case of the prosecution, the petitioner is the Branch Manager of Sri Sai Vinayaka Consultancy, who collected amount from the de-facto complainant, promising to provide him work visa in Canada, within 84 days. But, later, at the time of undergoing medical examination, when the de-facto complainant entertained a doubt about the genuineness of the medical examination and the authenticity of the Consultancy, the petitioner is unable to show any licence to the de-facto complainant. 4.

Learned counsel for the petitioner submits though the Consultancy is seized, in fact, there is a licence to run the Consultancy. 5.

Learned Public Prosecutor contends that 41-A Cr.P.C. notice was issued to the other accused in this crime but not to the petitioner/accused No.1 and that the investigation is still in progress. 6.

Hence, considering the above, this Court is not inclined to grant anticipatory bail to the petitioner. However, the Police concerned are directed to issue 41-A Cr.P.C. notice to the petitioner/accused No.1 before his arrest.

7.

Accordingly, with the above direction, the Criminal Petition is dismissed.

As a sequel, the miscellaneous applications, if any pending, shall stand dismissed.

______________________ T. RAJANI, J Date: 28.02.2018.

Dsh

SMT JUSTICE T.RAJANI 02032018 CRIMINAL PETITION No. 226 OF 2018 Date. 28.02.2018 DSH