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High Court for State of TelanganaCRLP/412/2019allowed no costs

P. Mounika v. The State Of Telangana

2019-02-08Shameem Akther3 pages

[ 26el ] I.IIGH COURT FOR THE STATS oF TELANGANA AT HYDERA'BAD FRID.AY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 412 OF 2019 Between:

P. Mounika, Dlo Laxmi Narayana, Petitioner/Accu sed AND The State of Telangana, Rep by Public Prosecutor, High Coufi of Telangana, At Hyderabad.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioneriAccused l'.1o.6 on anticipatory bail in the event of her arrest in connection with in Crirne No.624 of 2018 dated 2811212018 on the file of P.S. Alwal, Cyberabad District The petition coming on for hearing, upon perusing the Petition and the afridavit filed in support thereof upon hearing the arguments of B VIJAYSEN REDDY Advocate for the Petitioner and the PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.6, for grant of anticipatory bail in Crime No.624 of 2018 of Alwal Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 406 and 420 of IPC and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999.

2.

Heard the learned counsel for the petitioner/A.6, the learned Additional Public Prosecutor representing the res ponde nt-State and perused the record. 3.

ln the course of submissions, it is brought to the notice of this Court that the petitioner/A.6 was granted regular bail by the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar, in Crime No.521 of 2018 of Shamirpet Police Station, Cyberabad Commissionerate, registered for the similar offences, vide order, dated 31.12.2018, passed in Crl.M.P.No.5675 of 2018. The petitioner/A.6 is a Director of Sun Mutually Aided Thrift and Credit Cooperative Society Limited, Sangareddy. She is alleged to have collected huge money from the depositors promising them to pay heavy rate of interest on the said amount. It is submitted that the petitioner/A.6 had agreed to pay only 60/o or 9Y. interest on the amount collected as deposits from the depositors. Further, when a notice under Section 41A of Cr.P.C.

is issued by the police concerned to one of the Directors of the Society, he had given a detailed reply, vide letter, dated 07.08.2018, with regard to the collection of funds etc., and also details of the audit conducted during the year 2017-2018. On one of the depositors alleging some irregularities in the conduct of the Society business, the subject case is registered and is under investigation. lt appears from the record that there are monetary disputes between the de-facto complainant and the members of the Society. lt is not appropriate to arrest and detain the petitioner/A,6. Under these circumstances. this Court is inclined to grant bail to the petitioner/A.6 under Section 438 of Cr.P.C. on some conditions.

4.

Accordingly, the petitioner/A.6 is directed to surrender before the Station House Officer, Alwal Police Station, Cyberabad Commissionerate, within a period

of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A.G on bail on her executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to his satisfaction. On such release, the petitioner/A.o shall report before the said Station House Officer on every Sunday between 10:00 AM and '11:00 AM, till filing of the charge.sheet. The petitioner/A.6 shall also abide bythe conditions stipulated in Section 43E(2) of Cr.P.C. and shall cooperate with the investigating officer in the investigation of the case. 5.

The Criminal Petition is, accordingly, allowed. Pending Miscellaneous petitions, if any, shall stand closed. Sd/. T.KRISHNA KUMAR --L"-- ASSISTANT REGTSTRAR //TRUE COPY'

FOT ASSISTANT REGISTRAR To, 1 . The )filll Metropolitan Magistrate, Cyberabad at Medchal.

2. The Station House Officer, P.S. Alwal, Cyberabad

3. One CC to SRl. B VIJAYSEN REDDY Advocate [OPUC]

4. Two CCs to The PUBLIC PROSECUTOR , High Court for the Telangana at Hyderabad. [OUT]

5. One Spare Copy GR

HIGH COURT DRSAJ DATED:0810212019

ORDER

CRLP.No'.412 of 2019 AIL :'