Dismissed

Mahakali Naga Raju v. the State of Andhra Pradesh

Andhra Pradesh HC4 Feb 2022CRLP/252/2022

Case brief

AI extract

What is this about?

In a Criminal Petition seeking pre-arrest bail under Section 438 Cr.P.C. for offences under IPC and the Prevention of Corruption Act, the Court declined to grant immediate bail due to risk of evidence tampering but granted liberty to surrender and seek regular bail.

What did the court decide?

Liberty granted to surrender before the concerned jurisdictional Court and move an application for bail to be considered on the same day.

Mahakali Naga Raju Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO. 252 OF 2022

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ORDER:-

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This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No. 25 of 2021 of CID Police Station, Amaravathi, Mangalagiri, Andhra Pradesh, registered for the offences punishable under Sections 420, 409 and 120B read with Section 34 of the Indian Penal Code, 1860 and Section 13(2) of the Prevention of Corruption Act, 1988.

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The above crime is registered basing on a report lodged by UCO Bank alleging that A1 represented by its partners i.e. other accused availed loan in collusion with the bank officials and the loan was sanctioned without verifying the documents and business. Initially the petitioner was not shown as accused, but subsequently he was added as accused.

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Heard learned counsel for the petitioner and the learned standing counsel –cum- Special Public Prosecutor for CID for the respondent-State. 4. Learned counsel for the petitioner submits that the petitioner is no way connected with the transactions of A1company and he never stood as guarantor to A1. He submits that the petitioner sold pulses and payments were made through other account, out of the loan amounts to the petitioner firm and though he has shown all the records, the officials are orally insisting him to return the amount credited in his account. He submits that petitioner is nothing to do with the alleged offence and the officials

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are trying to implicate him in the crime. Hence, prays to consider the petitioner’s case for grant of pre-arrest bail.

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Learned standing counsel submits that after obtaining loan for Rs.265 lakhs, the said amounts were diverted and an amount to a tune of Rs.1,00,00,000/- was diverted to the account of the petitioner. He submits that if the petitioner is granted pre-arrest bail there is every likelihood of the petitioner tampering with the evidence, as such he is not entitled for pre-arrest bail.

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In view of the above submission of learned standing counsel, this Court is not inclined to grant pre-arrest bail to the petitioner. However, as requested by learned counsel for the petitioner, liberty is given to the petitioner to surrender before the concerned jurisdictional Court and move an appropriate application seeking bail. On such surrender, the application moved by the petitioner shall be considered on the same day, in accordance with law.

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Accordingly, this Criminal Petition is disposed of. Consequently, miscellaneous applications pending, if any, shall stand closed.

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Date :04.02.2022 IKN

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_____________________ JUSTICE D.RAMESH

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.252 of 2022

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04.02.2022

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IKN

Mahakali Naga Raju v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mahakali Naga Raju v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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