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High Court for State of TelanganaCRLP/1363/2018allowed no costs

Mr.Ramesh Thandra v. The State Of Telangana

2018-02-09T. Rajani4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 1363 of 2018 Between:

1. Mr. Ramesh Thandra, S/o. T.Papa Rao

2. Mrs. Karteeka Thandra, W/o. Mr. Ramesh Thandra Petitioners (Accused 2 & 3 in Cr.No.104/2017 of Central Crime Station, Hyd) AND State of Telangana, rep by Central Crime Station, Hyderabad, through its Public Prosecutor, High Court, Hyderabad.

Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed therein, the High Court may be pleased to grant anticipatory bail to the Petitioners in Crime No. 104 of 2017 on the file of the Central Crime Station at Hyderabad and direct the respondent Police to release the Petitioners on bail in the event of the Petitioners' arrest in the said Crime. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Aravala Sreenivasa Rao, Advocate for the Petitioners and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed by the petitioners/accused Nos.2 & 3 in Crime No.104 of 2017 on the file of Central Crime Station, Hyderabad, for grant of anticipatory bail. The offences alleged are under Sections 406 and 420 IPC r/w Section 34 IPC.

Heard the learned Counsel for the petitioners and the learned Public Prosecutor appearing for the respondent. Perused the record. The case of the prosecution is that accused No.1 obtained a sum of Rs.6 Crores from the defacto complainant, vide three documents. There is a civil suit filed by the defacto-complainant in OS.No.393 of 2017 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad and in IA.No.766 of 2017 filed therein for temporary injunction restraining release of the film, the said Court passed an order, with clear observation that the petitioner therein, who is the defacto complainant herein, did not approach the Court with clean hands. Considering the above fact and also the fact that this is purely a civil dispute, this Court opines that this is a fit case to grant anticipatory bail to the petitioners.

Accordingly, the Criminal Petition is allowed and the petitioners are directed to surrender before the Station House Officer, Central Crime Station, Hyderabad, within 15 days from the date of this order. On such surrender, the petitioners shall be released on bail on each of their executing a personal bond for a sum of Rs.10,000/- with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further on such release, the petitioners shall abide by the conditions mentioned under Section 438 (2) Cr.P.C., as under:

1. The petitioners shall make themselves available for interrogation by a Police Officer as and when required.

2. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer;

..2..

3. The petitioners shall not leave India without the previous permission of the Court.

As a sequel, the Miscellaneous Petitions, pending if any, stand closed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The III Additional Chief Judge, City Civil Court, Hyderabad.

2. The XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

3. The SHO, Central Crime Station, Hyderabad.

4. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

5. One CC to Sri Aravala Sreenivasa Rao, Advocate(OPUC)

6. One spare copy.

SAH

HIGH COURT TRJ DATED: 09-02-2018

ORDER

CRL.P.NO. 1363 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 14-02-2018 HIGH COURT TRJ DATED: 09-02-2018

ORDER

CRL.P.NO. 1363 OF 2018 ANTICIPATORY BAIL