Kommu Narasimhulu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITON No.12069 of 2015

ORDER

The petitioner, who is A3 in Cr.No.146 of 2015 of Shabad Police Station, Ranga Reddy District, registered for the offence punishable under Section 409 IPC, filed this petition under Section 438 Cr.P.C., seeking anticipatory bail.

2. Heard both sides and perused the material on record.

3. The Divisional Panchayat Officer, Ranga Reddy District, filed a complaint alleging that from 03.04.2009 to 23.12.2014, a sum of Rs.5,27,07,832 was collected from the market Sardarnagar, but the petitioner/A3 and other accused had deposited only a sum of Rs.3,14,659/- by misappropriating the remaining amount, thereby they committed criminal breach of trust.

4. Learned counsel for the petitioner submitted that the petitioner being a Sarpanch was initially removed by the authorities concerned on the basis of the allegations and when he approached the Court by filing a writ petition, the order of removal was suspended and he was reinstated into service. Hence, he sought for grant of anticipatory bail.

5. The reinstatement of the petitioner by way of writ petition will not stand in the way of granting anticipatory bail. Since the accused had misappropriated huge amount and as rightly pointed out by the learned Additional Public Prosecutor that custodial interrogation is necessary for recovery of the amount, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence, the Criminal Petition is dismissed. _______________ RAJA ELANGO, J 25th November, 2015 sj