Sureddy Leela Gaopinath v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2114 OF 2018 Sureddy Leela Gopinath, Age 30 years, Occ.Service, R/o.1-33, 1st Block, 1st Word, Manikonda, Krishna, Andhra Pradesh-521 260 Applicant versus The State of Maharashtra Respondent Mr.Akshay S. Malviya I/by Ravi Mungekar for applicant. Mr.M.G.Patil, APP, for State.

Mr.Nilesh Dhamane, PSI, Amboli Police Station, present. CORAM :

PRAKASH D. NAIK, J.

DATE : 12th October 2018 PC :

1.

This is an application for anticipatory bail in CR No.431 of 2016 registered with Amboli Police Station for offences under Sections 406 and 420 r/w Section 34 of Indian Penal Code. At the relevant time it is the case of prosecution that complaint was filed by the informant in the year 2016 stating that he was working as Oil Filt Service Provider in Halliboten Worldwide Company. He had forwarded his bio-data through online job portal. He received call on his mobile from another mobile. The concerned person told him that he is talking from Wisdom Job Gulf Company and his name is Gopi. He further informed the complainant that he is being selected in his company and has to forward his bio-data. Therefore, complainant was also directed to deposit Rs.8,000/- for interview. The complainant accordingly received e-mail on 24th June 2016. The amount of Rs.8,000/- was deposited by him. Thereafter he received Manish S Thatte Thatte Date: 2018.10.19 17:01:31 +0530

2 of 3 932.ABA.2114.2018.doc a call that he will be appointed in the company and he will received e-mail accordingly. As the complainant did not received such call or e-mail, an FIR was lodged on 19th October 2016. 2.

It is submitted by the advocate for applicant that the applicant is presently working with Wisdom Job Gulf Company and is working in the capacity as sales person. Presently he is posted at Hyderabad. He was not aware about registration of FIR and recently notice was received by him through the police station and, therefore, he has applied before the Sessions Court. The said application was rejected on 6th October 2018. It is further submitted that Rs.8,000/- was credited in to the account of company and he has not misappropriated the said amount. He was employee of Wisdom Job Gulf Company and is willing to co-operate with the investigation. 3.

Learned APP submitted that the applicant was not available and his whereabouts were not known. After tracing his whereabouts notice was forwarded to him. It is submitted that apart from the complainant, there is no other complaint received from any other aggrieved person. Taking into consideration the aforesaid circumstances, the applicant can be directed to co-operate with the investigation by attending police station. Hence, I pass following order :

ORDER

(i) Criminal Anticipatory Bail Application No.2114 of 2018 is allowed and disposed off;

(ii) In the event of arrest of applicant in connection with CR No. 431 of 2016 registered with Amboli Police Station, the applicant may

3 of 3 932.ABA.2114.2018.doc be released on bail on furnishing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount; (iii) The applicant shall attend the investigating officer of Amboli Police Station, Mumbai on 19th and 20th October 2018 between 11 am and 1 pm; and thereafter the applicant shall attend the police station as and when called for;

(iv) The applicant shall not tamper with the evidence.. (PRAKASH D. NAIK, J.) MST