Manoj Kumar Chokda, v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No. 42 of 2015 ORDER:

The petitioner, who is accused No.1, filed the present Criminal Petition under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with Crime No.609 of 2014 of Sanjeeva Reddy Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 420, 406, 506 and 323 IPC.

Learned counsel for the petitioner mainly submits that even accepting the allegations in the report to be true no offence is made out as the dispute is purely civil in nature. According to him, the version in the first information report and complaint are inconsistent with each other.

On the other hand, the learned Public Prosecutor opposed the application contending that accused Nos.4,9, 11 and 12 are still absconding while accused Nos.2,3 and 10 obtained bail. He submits that the transaction between the parties involve huge amount and as such the petitioner does not deserve for grant of anticipatory bail.

At this stage, the learned counsel for the petitioner seeks a direction for release of the petitioner on bail on his surrender. The same was again opposed by the learned Public Prosecutor. Having regard to the facts in issue, the present Criminal Petition is disposed of by directing the petitioner to surrender before the Court concerned and move an application for bail after giving prior notice to the public prosecutor concerned, in which event the

same shall be dealt with in accordance with law either on the same day or atleast by next day.

_____________________ C. PRAVEEN KUMAR, J 20.01.2015 gkv