Ratnala Bala Venkateswara Rao , Balaji v. State of A.P.
Case brief
What is this about?
Criminal Judge denied anticipatory bail to an accused involved in alleged cheating and forgery causing significant financial loss. Instead, he granted liberty to surrender and apply for regular bail, directing the Magistrate to dispose of the application promptly.
What did the court decide?
Liberty granted to surrender before the learned Magistrate and move for regular bail within 15 days; Magistrate directed to consider bail application promptly with necessary conditions.
What the court decided
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10206 of 2014
ORDER:
This Criminal Petition filed under Section 438 Cr.P.C by the petitioner/A-5 in Crime No.84 of 2014, on the file of the Station House Officer, Bheemavaram Police Station, West Godavari District registered against him for the offences punishable under Sections.406, 408, 420 r/w.34 IPC.
Heard the Learned Counsel for the Petitioner, the Learned Public Prosecutor for the Respondent-State and perused the material placed on record.
On perusal of record discloses that this petitioner is A-5 among (22) accused including the sub-staff of de facto complainant besides the commission agent who are supplying paddy of which the petitioner is one among them and also the weigh-bridge staff and watchman in collusion as if there is quality and as if there is quantity certifying by weigh-bridge in loading in the rice mill and by from surreptitious acts in the modus operandi for the past three years,
de facto complainant claimed sustained loss of Rs.7.00 crores and hence to take action. From which, crime is registered and is under investigation. The petitioner went un-successful for claim of anticipatory bail before the learned in-charge Additional District Judge in Crl.M.P.No.1070 of 2014 dated 05-08-2014 with the observation that the accused is among those persons in causing loss with modus operandi of nearly seven crores as per the de facto complainant.
Taking into consideration of these facts, the petitioner though not entitled to concession of anticipatory bail, however, taking into consideration of the personal liberty, the application rather than dismissal, is disposed of by giving liberty to the petitioner to surrender before the learned Magistrate concerned and move for regular bail and within 15 days from the date of receipt of the order and in such an event, the learned judge concerned shall
Issues for consideration
2 issues framed by the court
Whether a petitioner charged under Sections 406, 408, 420 r/w.34 IPC is entitled to anticipatory bail or granted liberty to surrender and move for regular bail when earlier bail claim was rejected.
Whether conditions can be imposed on the petitioner including execution of bond, furnishing security, and cooperation with investigation.
Parties & counsel
- petitioner
Petitioner/A-5
- respondent
Respondent-State
Coram
Dr. B. Siva Sankara Rao
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- CRLP/10206/2014
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