M.Onidi Srihari v. The Statae Of Andhra Pradesh Rep By P.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10985 of 2017 Between:- Monidi Srihari, S/o. Ramanaiah.
..... Petitioner/Accused no.4 AND The State of Andhra Pradesh, Station House Officer, Krishnapatnam Port Police Station, SPSR Nellore District, Rep. by its Public Prosecutor, High Court Buildings, High Court at Hyderabad.
...Respondent/Complainant.
Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in FIR No. 1 of 2017 of Krishnapatnam Port Police Station, Nellore, SPSR Nellore District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri P.S.P. Suresh Kumar, Advocate for the Petitioner and the Addl. Public Prosecutor(AP) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.4, for grant of anticipatory bail in the event of his arrest in Crime No.1 of 2017 on the file of the Krishnapatnam Port Police Station, SPSR Nellore District, registered for the offences punishable under Section 409 of I.P.C. 2.
Heard the learned counsel for the petitioner/accused No.4, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
It is brought to the notice of this Court that accused No.1 in this crime, Sarpanch of the village, was granted pre-arrest bail by this Court by order, dated 21.03.2017, passed in Criminal Petition No.1121 of 2017. The specific allegation against the petitioner/accused No.4 is that he had counter-signed a cheque for Rs.2,15,000/-, which was presented by the accused No.1 without verification. The veracity of the allegations requires to be determined either in the investigation or after due trial. In view of the grant of pre-arrest bail to the accused No.1 in this crime, the petitioner herein/accused No.4 can also be granted bail under Section 438 of Cr.P.C. on some conditions. 4.
Accordingly, the petitioner/accused No.4 is directed to surrender before the Station House Officer, Krishnapatnam Port Police Station, SPSR Nellore District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Krishnapatnam Port Police Station, SPSR Nellore District, shall release the petitioner/accused No.4 on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioner/accused No.4 shall report before the Station House Officer, Krishnapatnam Port Police Station, SPSR Nellore District, on every Saturday and Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner/accused No.4 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case.
5.
The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Station House Officer, Krishnapatnam Port Police Station, S.P.S.R. Nellore District.
2.Two CCs to Public Prosecutor(AP), High Court of Judicature at Hyderabad. (OUT) 3.One CC to Sri P.S.P. Suresh Kumar Advocate(OPUC) 4.One spare copy.
TKK
HIGH COURT DR.SA.J DT.22-11-2017.
ANTICIPATORY BAIL ORDER CRL.P.No. 10985 of 2017 RELEASE THE PETITONER ON BAI L IN THE EVENT OF HIS ARREST.
DRAFTED BY TKK DT.23-11-2017.
HIGH COURT DR.SA.J DT.22-11-2017.
BAIL ORDER CRL.P.No. 10985 of 2017 RELEASE THE PETITIOENR ON BAIL.