Kavali Lingaiah v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4915 of 2015 ORDER:

The petitioner, who is an accused in Crime No.444 of 2013 of Gooty Police Station, Anantapur, registered for the offences punishable under Sections 420 and 406 and 156 (3) Cr.P.C., filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail.

Heard and perused the material available on record. The allegation against the petitioner is that he received certain amounts from the de facto complainant company and failed to supply man power as promised by him.

Learned counsel for the petitioner submitted that the allegations levelled against the petitioner are not correct and the petitioner is a small farmer and he was falsely implicated in the case and the petitioner is ready to furnish security as imposed by this Court.

The record would disclose that the crime was registered in the year 2013 and after completion of investigation, the charge sheet is also filed. Therefore, the trial Court issued NBW against the petitioner for his appearance. Considering the facts and circumstances of the case, this Court is of the view that the anticipatory bail cannot be granted to the petitioner. In the circumstances, the petitioner is directed to surrender before the trial Court, and file an application for recalling the warrant issued against him. On filing of such application, the trial Court is directed to recall the warrant and the petitioner is also directed to execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for his future appearance before the trial Court. With the above observations, the Criminal Petition is disposed of.

______________ RAJA ELANGO, J June 12, 2015.

KTL