High Court for State of TelanganaCRLP/16524/2014disposed of no costs

Tumu Prabhavathi, v. The State Of A.P.,

2015-01-13P Naveen Rao2 pages

HON'BLE SRI JUSTICE P.NAVEEN RAO CRIMINAL PETITION No.16524 of 2014 ORDER:

The petitioners/A.123, A.124, A.126, A.127, A.129, A.131, A.132 and A.135 filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of their arrest in connection with Crime No.45 of 2014 of Addateegala Police Station, East Godavari District, registered for the offences punishable under Sections 409, 420, 419, 468 and 471 read with 34 IPC.

2. The case of the prosecution is that A.1-Bank Manager had given crop loans to A.2 to A.16 basing on fake pattadar pass books by taking 5% of the loan amount granted to them and caused loss to the Bank. It is further alleged that the other accused persons also obtained loan by creating fake pass books. Basing on these allegations, the above case came to be registered.

3. Petitioner filed Crl.M.P.No.4471/2014 before the IV Additional Metropolitan Sessions Judge, Hyderabad, praying to grant anticipatory bail and the same was dismissed by order dated 03.01.2015.

4. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State.

5. Learned counsel for the petitioner submitted that the petitioner is falsely implicated into the crime and the allegations alleged against him in the complaint do not constitute any

offence and in abuse of process of law.

6. Having regard to the above, the Criminal Petition is disposed of giving liberty to the petitioner/accused to surrender before the learned Magistrate and move regular bail after giving notice to the learned Public Prosecutor concerned, and in such an event, the learned Magistrate is required to consider on its own merits the application to grant bail preferably on the same day, if not at least on next day and subject to such conditions as may be necessary, in accordance with law.

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As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

_________________________ JUSTICE P.NAVEEN RAO 13th January 2015 mar