Sri Niddara Srinivasa Rao v. P.Gopi Krishna

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITON No.10658 of 2014

ORDER

This petition under Section 439(2) Cr.P.C. is filed by the petitioner-de facto complainant seeking to cancel the anticipatory bail granted to the first respondent on 10.09.2013 in Crl.P.No.9604 of 2013 in connection with Cr.No.207 of 2012 of V. Sataram Police Station, Nellore District, registered for the offence under Section 408 read with Section 34 IPC.

2. Heard and perused the material on record.

3. The allegation against the first respondent herein is that he along with five others suspected to have stolen the spare parts of the company worth Rs.19,87,230-96 ps. This Court granted anticipatory bail to the first respondent observing that the petitioner was working at Chittoor from 26.07.2011.

4. Learned counsel for the petitioner submitted that after grant of bail, the first respondent is threatening the witnesses continuously and thereby interfering with the investigation and thus, he prays to cancel the bail granted to the first respondent.

5. Since the anticipatory bail was granted to the first respondent in the year 2013 and it is also not the case of the Public Prosecutor that the first respondent is interfering with the investigation, this Court is not inclined to cancel the anticipatory bail granted to the first respondent. However, taking into consideration the submission made by the learned counsel for the petitioner, the first respondent is directed not to interfere with the investigation and not to threaten the witnesses or the de facto complainant in future. If there is any such threat in the hands of the first respondent, the petitioner is at liberty to lodge a complaint before the concerned

police, who in turn shall enquire into the same.

6. The Criminal Petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _______________ RAJA ELANGO, J 9th October, 2015 sj