Smt. Konathala Jayasree v. The State Of A.P

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL. P. NO:12713 of 2017 Between:

Smt. Konathala Jayasree W/o Udaya Sreenivasa Rao ..... Petitioner/Accused-2 AND The State of A.P., Station House Officer, Anakapalli Town Police Station, Anakapalli, Visakhapatnam Distict, rep. by Public Prosecutor, High Court, Hyderabad. .....Respondent Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to release the petitioner on bail pending enquiry in FIR. No. 250 of 2016 on the file of the Station House Officer, Anakapalli Town Police Station, Anakapalli, Visakhapatnam Rural, Visakhapatnam District, Andhra Pradesh.

Counsel for the Petitioner :

SRI K.CHIDAMBARAM Counsel for the Respondent :

ADDL. PUBLIC PROSECUTOR (AP) The Court made the following ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.2, for grant of bail in Crime No.250 of 2016 on the file of the Anakapalli Town Police Station, Visakhapatnam Rural, Visakhapatnam District, registered for the offences punishable under Sections 420, 406 of I.P.C. and Section 5 of the A.P. Protection of Depositors of Financial Establishment Act.

2. Heard the learned counsel for the petitioner/accused No.2, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3. In the course of submissions, it has come to light that the petitioner/accused No.2, along with her husband, ran private chits without required licence. The petitioner/accused No.2 was arrested and remanded to judicial custody on 17.07.2017. It has also come to light that the petitioner/accused No.2 is indebted to the outsiders to a tune of about Rs.16,00,000/-. It is also brought to the notice of this Court that the husband of the petitioner/accused No.2 passed away. Having regard to the nature of allegations levelled

against the petitioner/accused No.2 and the material collected so far and as most of the material witnesses are examined, this Court is inclined to grant bail to the petitioner/accused No.2 under Section 439 of Cr.P.C.

4. Accordingly, the petitioner/accused No.2 is ordered to be released on bail on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to the satisfaction of the learned V Metropolitan Magistrate, Anakapalli, Visakhapatnam District. On such release, the petitioner/accused No.2 shall report before the Station House Officer, Anakapalli Town Police Station, Visakhapatnam Rural, Visakhapatnam District, on every Sunday between 08:00 AM and 09:00 AM, till filing of the charge-sheet.

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 V Metropolitan Magistrate, Anakapalli, Visakhapatnam District.

2. The Superintendent, Central Jail, Visakhapatnam.

3. The Station House officer, Anakapalli Town Police Station, Anakapalli, Visakhapatnam.

4. Two CCs to Public Prosecutor (AP), High Court of Judicature, at Hyderabad (OUT)

5. One CC to Sri K.Chidambaram, Advocate (OPUC)

6. One Spare Copy

HIGH COURT Ab Drafted on 4-1-2017 DR.SA,J DATE: 3-1-2018

ORDER

CRL.P. NO. 12713 OF 2017 BAIL