Ch. Suresh Kumar v. The State Of A.P.,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTEENTH DAY OF MARCH, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 2730 of 2018 Between:
Ch.Suresh Kumar, S/o. Chadalavada Bala Krishna Petitioner (Accused No.2 in Cr.No.121/2017 of Duggirala P.S., Guntur District) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh. 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 direct the Station House Officer, Duggirala Police Station, Guntru District, to release the petitioner/accused No.2 on bail in the event of his arrest in connection with Crime No. 121/2017 of Duggirala Police Station, Guntur District.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri L.Srinivas, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A2, in Crime No.121 of 2017 on the file of Duggirala Police Station, Guntur District. The offences alleged are under Sections 408, 409, 477-A IPC and Section 79(1)(F) of A.P.Co-operative Societies Act, 1964. 2.
Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.
3.
The petitioner, who is A2, is the Branch Manager of the Bank, in which the alleged misappropriation has taken place. The enquiry report filed by the Nodal Officer of the Bank shows that, the explanation given by this petitioner is that since there are only three staff members working in the bank and as he has to go out on the work of the bank, he had to give the password to A1. The main allegation is against A1 and he is the person, who misappropriated the amounts. The counsel for the petitioner submits that A1 in fact, has repaid the entire amount, that was misappropriated by him.
4.
Hence, considering the above facts, this court opines that this is a fit case for granting anticipatory bail.
5.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Duggirala Police Station, Guntur District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
(i) The petitioner shall make himself available for interrogation by a police officer as and when required.
(ii) The petitioner 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 from disclosing such facts to the Court or to any police officer;
(iii) The petitioner shall not leave India without the previous permission of the Court.
..2..
As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The XI Additional District and Sessions Judge, Tenali, Guntur District.
2. The SHO, Duggirala Police Station, Guntur District.
3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
4. One CC to Sri L.Srinivas, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 15-03-2018
ORDER
CRL.P.NO. 2730 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 20-03-2018 HIGH COURT TRJ DATED: 15-03-2018
ORDER
CRL.P.NO. 2730 OF 2018 ANTICIPATORY BAIL