The High Court considered a Criminal Petition filed under Section 438 Cr.P.C. for pre-arrest bail in a case involving allegations of cheating and illegal depositor practices. The court declined to grant bail but directed the petitioners to surrender to seek regular bail.
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HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
Criminal Petition No.1326 of 2021
ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) seeking pre-arrest bail to the petitioners/A.2 and A.3 in the event of their arrest in connection with Crime No.291 of 2020 of Bhimavaram I Town Police Station, West Godavari District, registered for the offences punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code, 1860 and Section 5 of the A.P. Depositors of Financial Establishment Act, 1999.
LK, J
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CRLP.No.1326 of 2021
alleged collection of the amounts and there is no material on record to connect the petitioners to the said crime. He submits that the allegations in the complaint do not attract the offences either under Section 420, 406 IPC or under Section 5 of the A.P. Depositors of Financial Establishment Act, 1999. He submits that the petitioners are unconnected to the said offence and hence, their case may be considered for grant of pre-arrest bail. 5. On the other hand, learned Additional Public Prosecutor submits that the petitioners have played a key role and in fact in the name of A.1, they have been collected huge amounts and the collected amounts have been deposited in their accounts. He submits that the petitioners have collected nearly Rs.90.00 lakhs from the innocent people and as such, they are not entitled for grant of pre-arrest bail. 6. Having regard to the facts and circumstances of the case and taking into consideration the allegations levelled against the petitioners, this court is not inclined to grant pre-arrest bail to the petitioners. However, the counsel for the petitioners submitted that the petitioners will surrender before the concerned Court and make appropriate application seeking bail. On such surrender and on moving appropriate application seeking bail, the competent court shall consider the same on the same day in accordance with law.
Accordingly, the Criminal Petition is disposed of.
___________________________ LALITHA KANNEGANTI, J
Date: 05.03.2021
Ksn
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners in a cheating and illegal deposit collection case.
Whether the allegations against the petitioners attract offences under Sections 420, 406 IPC and Section 5 of the A.P. Depositors of Financial Establishment Act.
3 provisions across 3 enactments
Petitioners/A.2 and A.3
Respondent-State
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Lalitha Kanneganti
Parties & counsel
