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High Court for State of TelanganaCRLP/2815/2021allowed no costs

Sumaiya Fathima v. The State Of Telangana

2021-04-19G Sri Devi5 pages

[ 3158 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE rHE HoNouR^EfEtitIi.. c sRrDEV, / CRTMINAL pETtTtON NO: 2815 OF 2021 Between:

Sumaiya Fathima, D/o Mohammed Naseer.

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Petitioner/Accused No.7 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to release the petitioner on bail in the event of her arrest in connection with the F.l.R.No. 95 ol 2021 of P.S. Medipally, Rachakonda.

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P VAMSHEEDHAR REDDY, Advocate for the Petitioner, PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

a & HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.2815 oF 202l ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/A-7, for grant of anticipatory bail in Crime No.95 of 2O2l of P.S. Medipally, Rachakonda, registered for the offences punishable under Sections 420 and 509 of the Indian Pena-l Code and Section 25 of the Immigration Act. Heard the learned counsel for the petitioner/A-7, the iearned Additional Public Prosecutor representing the respondent-State and perused the record.

In the FIR, it is inter alia stated that the de facto complainant lodged a complaint stating that the accused persons cheated her by giving visiting VISA instead of giving working VISA to Muskat and also tried to hand over the complainant to their agent, Nazar, in Muscat. Hence, the complaint.

Learned counsel for the petitioner/A_7 would submit that the petitioner is an innocent person and never committed any offence as alieged by the respondent_police. It is further submitted that the petitioner is a law-abiding citizen and has nothing to do with the alleged offence. Further, she is ready to give sufficient sureties to the satisfaction of this Court to secure her presence on each and every date of hearing to face the trial and aiso ready to abide by the terms and conditions ---

I if any that may be imposed by this Court for her release. Hence, he prayed to grant anticipatory bail to the petitioner/A-7.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/A-7.

Having regard to the facts and circumstances of the case and as the Travel Agency is registered in the name of the petitioner, the petitioner only used to give tickets basing on VISA submitted by the customers/ passengers and she has no role to connive with the other accused in sending them to Gulf countries without having valid VISA, this Court is inclined to grant anticipatory bail to the petitioner / A-7 on some conditions.

Accordingly, the Criminal Petition is allowed and the petitioner/A-7 is directed to surrender before the Station House Officer, P.S. Medipally, Rachakonda, within a period of i5 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner lA-7 on bail, on her executing personal bond for a sum of Rs 25,000/- (Rupees twenty five thousand only) vt'ith two sureties for a like sum each to his satisfaction. On such release, the petitioner/A-7 shall appear before the investigating authorities on every third Saturday between 1O'00 am and 5.OO pm till completion of investigation and filing of charge

% sheet and shall aiso abide by the conditions stipulated in Section 438(21 Cr.P.C. and co-operate with the investigating officer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed.

LSD/- K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// To, SEC N OFFICER

1. The lVAddl. Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar. \

2. The lll Metropolitan Magistrate, Cyberabad at L.B. Nagar.

3. The Station House Officer, P.S. Medipalty, Medchal District.

4. One CC to SRI P VAMSHEEDHAR REDDY Advocate [OPUC]

5. Two CCs PUBLIC PROSECUTOR, High Court at Hyderabad.(OUT)

6. One spare copy mvJ

HIGH COURT GSD,J DATED:1910412021 __=r -,;4 *\ fl z tO /,4< l/;

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ORDER

lSAPB "grl D€spp:rcv{!, CRLP.No.2815 o1 2021 BAIL