High Court granted anticipatory bail to accused in a cheque dishonour case, directing surrender within 20 days and release on personal bond with two sureties.
Bail granted; surrender directed within 20 days; release on personal bond of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
TUESDAY , THE TWENTY FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRLP .No.10358 of 2013
Between:Sri Chalavadi Murali Krishna Murthy S/o. Late Nagabhushanam.
..... Petitioner/Accused in Cr.No. 121 of 2013
On the file of Gudivada L & O Two Town Police Station, Krishna District.
AND
The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., High Court Buildings, Hyderabad. .....Respondent/
Complainant. Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to direct the respondent to enlarge the petitioner on Bail in the event of his arrest in Crime No. 121 of 2013 on the file of L & O Two Town Police Station, Gudivada, Krishna District.
The petition coming on for hearing, upon perusing the Petition and the Memo of Grounds filed herein, and upon hearing the arguments of SRI K. VENKATA SIVA PRASAD, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent-State, the Court made the following ORDER :-
“Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State.
This criminal petition is filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail to the petitioner.
Earlier to this case the petitioner filed a complaint under Section 138 read with 142 of the Negotiable Instruments Act against the de faco complainant alleging dishonour of cheque for an amount of Rs.50,000/-.
Learned counsel appearing for the petitioner would submit that an account of the filing of the said case this case has been foisted as a counter blast.
Considering the facts of the case and circumstances in which the report was given to the police by the de facto complainant, I am of the view that this is a fit case to grant anticipatory bail.
Therefore, the criminal petition is allowed. The petitioner is directed to surrender before the Station House Officer, L & O Two Town Police Station, Gudivada, Krishna District within (20)
days from the date of this order and thereafter, they shall be released on bail by the Station House Officer, L & O Two Town Police Station, Gudivada, Krishna District on his executing personal bond in a sum of Rs. 10,000/- (Rupees ten thousand only) each with two sureties for a like sum each. The miscellaneous petitions, if any, filed in this petition shall stand closed.”
Sd/- CH.V. SIVA PRASAD, ASSISTANT REGISTRAR
//TRUE COPY//
for ASSISTANT REGISTRAR Contd..2..
- 2 -
To
1.The VI Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.
2.The Station House Officer, L & O Two Town P.S., Gudivada, Krishna District.
3.Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT) 4.One CC to Sri K. VENKATA SIVA PRASAD, Advocate (OPUC) 5.One spare copy
TKK
HIGH COURT
RKR.J
DATE: 24-09-2013
ANTICIPATORY BAIL ORDER
CRL.P. No. 10358 of 2013
BAIL GRANTED
DRAFTED BY TKK DT.26-09-2013.
HIGH COURT
RKR.J
DATE: 24-09-2013
ANTICIPATORY BAIL ORDER
CRL.P. No. 10358 of 2013
BAIL GRANTED
1 issue framed by the court
Whether the petitioner deserves grant of anticipatory bail under Section 438 Cr.P.C. in a cheque bounce case alleged to be a counterblast.
2 provisions across 2 enactments
Sri Chalavadi Murali Krishna Murthy
The State of A.P.
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
