S. Jagadeesh Anil Kumar v. The State Through S.H.O.,

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND FOURTEEN :PRESENT:

THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:304 of 2014 Between:

S. Jagadeesh Anil Kumar S/o Prasada Rao ..... Petitioner/Sole Accused AND The State, through S.H.O., P.S., Amrabad, Mahabubnagar District, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad .....Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner/Sole Accused in Crime No. 2 of 2013 dated 11.01.2013 of P.S.

Amrabad, Mahabubnagar District, directing the respondent/police to enlarge the petitioner in the event of his arrest in the above Crime.

The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri N. Ravi Prasad, Advocate for the Petitioner and of the Addl. Public Prosecutor, for the Respondent, the Court made the following. ORDER:

"The petitioner seeks for grant of anticipatory bail. He is Mandal Prajaparishad Development Officer. He is a Government Servant. He seeks for grant of anticipatory bail. He allegedly committed an offence under Section 409 IPC. The petitioner moved for grant of anticipatory bail on earlier occasion and such a petition was dismissed.

The learned counsel for the petitioner submitted that subsequent to the dismissal of the earlier bail application, the petitioner was reinstated into service and that the petitioner has presently been working as MPDO. He submitted that as the

petitioner is a Government Servant, arrest and detention for more than 48 hours may lead to suspension of the petitioner from service.

The learned Additional Public Prosecutor submitted that the petitioner is involved in the inducement of Rs.83 lakhs and odd and that in one stretch he misappropriated an amount of Rs. 24 lakhs.

Be that as it may, where the petitioner is a Government Servant and where he had already been reinstated into service, I consider it appropriate to enlarge the petitioner on anticipatory bail in view of his calling and the nature of the allegations against him.

Accordingly, this Criminal Petition is allowed. The petitioner is directed to surrender before the Judicial Magistrate of First Class, Wanaparthy, within two weeks from today. On such surrender, the petitioner shall be enlarged on bail on a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties in a likesum to the satisfaction of the Judicial Magistrate of First Class, Wanaparthy." ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The Judicial Magistrate of First Class, Wanaparthy, Mahabubnagar District

2. The Station House Officer, P.S. Amrabad, Mahabubnagar District

3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

4. one CC to Sri N.Ravi Prasad, Advocate (OPUC)

5. one Spare Copy HIGH COURT Ab

Drafted on 29-1-2014 DR.KGSJ DATE: 29-1-2014

ORDER

CRL.P. NO. 304 OF 2014 BAIL