Kethavath Baburam v. The State Through Inspector Of Police Cid

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7202 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A18 & A27 seeking bail in the event of their arrest in connection with Crime No.189 of 2013 on the file of Station House Officer, Gudipalli Police Station, Nalgonda District, registered for the offences punishable under Sections 409, 420, 477-A and 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The facts of the case are that the complainant who is the Manager of District Co-operative Bank, Nalgonda, Devarakonda Branch gave a report that there was the misappropriation of funds to an amount of Rs.7,98,27,073/- in PACS, P.A.Palli Society by producing false farmers names and accounts. Basing on these allegations, the above report came to be registered. 4.

Learned Counsel for the petitioners submits that the petitioners are no way concerned with the PACS and in fact the petitioners are neither the members nor holding any post in P.A

Palli PACS. Without verifying the said fact, the police have made the petitioners herein are accused Nos.18 & 27 in the present crime. He also submits that though the alleged crime was registered in the year 2013, the petitioners were never informed about the same, the police have arrested some of the accused and now trying to arrest these petitioners in the said crime. 5.

A perusal of the material placed on record would show that in a batch of the cases, this Court had considered the cases of the accused, who were added as accused in the process of investigation and granted the relief sought for in Crl.P.No.4894 of 2014 on 24.04.2014 and Crl.P.No.4892 of 2014 on 28.04.2014. Having regard to the said circumstances, the petitioners can be granted the relief of anticipatory bail.

6.

Accordingly, the Criminal Petition is allowed and the petitioners/A18 & 27 shall be enlarged on bail in the event of their arrest subject to the following conditions:

i) The petitioners/A18 & A27 are directed to surrender before the Station House Officer, Gudipalli Police Station, Nalgonda District within one week from today, and on such surrender, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties to the like sum each, to his satisfaction.

ii) On such release, the petitioners/A18 & A27 shall appear before the concerned Station House Officer on every Wednesday and Saturday between 10.30 a.m. to 1.00 p.m. for a period of six

(6) weeks or till filing of charge sheet whichever is earlier. iii) The petitioners/A18 & A27 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall cooperate with the Investigating Officer in investigating the case. 7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :22.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7202 of 2022 Dt.22.08.2022 tk