Mange Naik v. The State Of A.P.,
12607 | HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF. TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO: 2720 OF 2018 Between:
Mange Naik, S/o Ramu Naik .... Petitioner/A 1 AND The State of Andhra Pradesh rep. by the Public Prosecutor, High Court at Hyderabad for the state of Telangana and the state ofAndhra Pradesh Respondent Petition under Sectiot 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit Iiled in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr.No. 85 of 2016 of I Town PS., Madanapaile, Chittoor District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI D KODANDARAMI REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following.
ORDER
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.2720 0F 2018 ORDER:
This criminal petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J, is filed to enlarge the petitioner/A. 1 on bail in Crime No.85 OF 2016 of I Town Police Station, Madanapalle, Chittoor District, registered for the offences punishable under Sections 468, 42O and 4O8 read with 34 of the Indian Penal Code, 1860 (for short 'lPC'), as he is in judicial custody since 04.01.2O 18.
'fine de facto complainant is the Project Director, MEPHA, Chittoor District. He lodged a complaint on 04.O7.2016 alleging that a news item was published in Eenadu and Vaartha News Papers on 07.06.2O16 about irregularities allegedly committed in the sanction of loans to the groups and in repayment of the loan amounts, an enquiry was conducted on 13.06.2016 at the office and in the enquiry it was informed that the loans were sanctioned to the groups and there was only delay in repayment of the loans by some of the groups and necessary steps will be initiated for persuading the discharge of the loan amount. The explanation of the petitioner was not accepted and lodged a report with the police against the petitioner for alleged misappropriation of approximate amount of Rs.65,00,00O/-.
MSM, J CRLP 2720 20r8 -2The Public Prosecutor for the State of Andhra Pradesh opposed the criminal petition on the ground that part of the investigation is not completed and the petitioner is in judicial custody for more than 70 days and pass appropriate orders.
Taking into consideration of the role played by the petitioner being the community organizer and the allegation against him is that he did not take steps to collect amount from the groups, an approximate amount of Rs.65,OO,O0O/- and therefore the alleged act pima facie, would not amount to an offence punishable under Sections 468, 42O and 408 read with 34 IPC as per the material produced before this Court. However, major part of the investigation is completed and keep detained him in prison would not serve any purpose as there is no question of interference with the further investigation. The petitioner is liable to be enlarged on bail. In the result, the criminal petition is allowed enlarging the petitioner on bail in Crime No.
85 of 2076 of I Town Police Station, Madanapale, Chittoor District, on his execution ol a personal bond for a sum of Rs. 1 ,OO,OO0/ - (Rupees One Lakh Only) with two sureties for the like sum each to the satisfaction of the II Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District. The petitioner is further directed to report to the Station House Officer, I Town Police Station, Madanapalle, Chittoor District, on every Wednesday and Sunday between 6-00 P.M. to 9-00 P.M. for a period of three months or till filing the charge sheet, whichever is earlier. Sd/- T.
1. The II Additional Judicial Magistrate of First Class, Madanapaile, Chittoor District
2. TLe Superintendent, Sub-Jaii, Madanapalle, Chittoor District
3. The Station House Officer, I Town Police Station, Madanapalle, Chittoor District
4. One CC to SRI. D KODANDARAMI REDDY Advocate [OPUC]
5. Two CC's to Public Prosecutor, High Court of Judicature at Hyderabad (our) E. Ooe 4pnv.- '
HIGH COURT MSMJ DATED|2L/03l2OLA
ORDER
CRLP.No.272O of 2018 *% $ BAIL