Chigurla Anil Kumar And 2 Others v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.8957 of 2021 ORDER:

This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 seeking regular bail to the petitioners/A1 to A3 in connection with Crime No.254 of 2021 of Trimulghery Police Station, Hyderabad District, registered for the offences punishable under Sections 406, 420, 384, 506 read with Section 34 IPC and under Section 4 of TSPDFE Act, 1999.

2.

The case of the prosecution is that the de-facto complainant and others having believed the deceitful words of A1, who was running SMV Chit Funds at Bowenpally, along with the other accused, paid chit amounts and that though the total chit amounts were paid, they have not been paid. The accused also threatened the de-facto complainant and others with dire consequences.

3.

Heard Sri B. Anil, learned counsel for petitioners and learned Assistant Public Prosecutor for respondent-State. 4.

Learned counsel for the petitioner submits that the petitioners have not committed any offence as alleged, and even the de-facto complainant has filed a petition before the Court below stating that he wants to withdraw the case against the petitioners. He also submits that as the petitioners are languishing in jail since 11.11.2021, their case may be considered for bail.

5.

On the other hand, learned Assistant Public Prosecutor submits that as the investigation is pending, the petitioners are not entitled for bail.

6.

Taking into consideration the fact that the petitioners have already paid amount to the de-facto complainant and in view of the affidavit filed by him before the Court below that he paid the entire amount, which is also mentioned in the bail order passed by the Court below, this Court deems it appropriate to grant bail to the petitioners. 7.

In the result, the criminal petition is allowed and the petitioners/A1 to A3 shall be enlarged on bail in connection with Crime No.254 of 2021 of Trimulghery Police Station, Hyderabad District, on their executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the XXII Additional Chief Metropolitan Magistrate, Secunderabad. 8.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

________________________ LALITHA KANNEGANTI, J 8th December, 2021 sj