Saurabh Agarwal v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.8352 OF 2022 AND COMMON ORDER:

These two Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.5 and 7 in the event of their arrest in Crime No.539 of 2022 on the file of Station House Officer, Jeedimetla Police Station, Cyberabad, registered for the offences punishable under Sections 420, 406, 409, 477-A, 471, 468, 467, 381 and 120B read with Section 109 of Indian Penal Code. 2.

As the petitioners in both the criminal petitions are Accused in the same Crime i.e. Crime No.539 of 2022, both the criminal petitions are heard together and disposed off by this common order. 3.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. Perused the record. 4.

The representative of M/s.KLSR Infratech Limited, Jeedimetla filed a complaint against their employees and these petitioners who are suppliers of material. The main allegation against these

petitioners is that these petitioners without supplying any material raised invoices in collusion with the other employees of KLSR Infratech Limited and claimed amounts from the company. 5.

Learned counsel for the petitioners submits that both the petitioners are filed insolvency proceedings before the NCLT at Hyderabad. He further submits that even prior to filing of the F.I.R, notices were issued to the complainant company for payment of the balance outstanding.

6.

The case is one of documentary evidence and whether material was in fact supplied or not is subject matter of investigation and the claims made by the either parties are now being adjudicated before the NCLT. For the said reason, these petitioners can be granted the relief of anticipatory bail.

7.

Accordingly, the criminal petitions are allowed and the petitioners/Accused Nos.5 and 7 shall be enlarged on bail in the event of their arrest, subject to the following conditions: i) The petitioners/Accused Nos.5 and 7 are directed to surrender before the Station House Officer, Jeedimetla Police Station, Cyberabad and on such surrender, the said Station House Officer,

shall release the petitioners/Accused Nos.5 and 7 on bail, on their executing personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties in a like sum each to its satisfaction.

ii) On such release, the petitioners/Accused Nos.5 and 7 shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 AM and 01.00 PM for a period of six

(06) weeks or until filing of charge sheet whichever is earlier. iii) The petitioners/Accused Nos.5 and 7 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case, failing which the prosecution is at liberty to seek cancellation of bail granted to these petitioners.

Miscellaneous applications, if any pending shall stand closed. _____________ K.SURENDER, J Date: 23.09.2022 ns