Allowed

K. Sivaji, v. The State of Andhra Pradesh

Telangana HC4 Feb 2014CRLP/770/2014

Case brief

AI extract

What is this about?

High Court of Andhra Pradesh granted anticipatory bail under CrPC Sec 438 to a 64-year-old retired employee accused of cheating and forgery involving public funds. Bail was granted on terms requiring surrender within two weeks, execution of personal bond, and periodic appearances till charge sheet filing.

What did the court decide?

Anticipatory bail granted on terms of surrender within two weeks, personal bond of Rs.10,000 with two sureties, and appearance before SHO every Monday, Wednesday and Friday till charge sheet is filed.

K. Sivaji, Vs The State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND FOURTEEN

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:PRESENT:

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THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:770 of 2014

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Between:

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K. Sivaji, S/o. K.Narasimha Rao,

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..... Petitioner/Accused

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AND

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The State of Andhra Pradesh, Through SHO, Ramgopalpet P.S., Secunderabad, Rep., by Public Prosecutor, High Court of A.P., Hyderabad

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.....Respondent

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Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.257/2013 of Ramgopalpet Police Station, Hyderabad, on such terms and conditions as this Hon’ble Court deems just and necessary.

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The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri I.Gopal Reddy, Advocate for the Petitioner and of the Addl. Public Prosecutor, for the Respondent, the Court made the following.

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ORDER:

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“The petitioner seeks for grant of anticipatory bail. He allegedly committed offence under Sections 420, 403, 406 and 408 of Indian Penal Code, 1860.

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The learned Additional Public Prosecutor submitted that the petitioner, who is a retired Senior Assistant in R.T.C. swindled as much as 16.39 lakhs and that further investigation disclosed that the amount involved has gone up to Rs.1,05,32,000/- in all. He further submitted that the petitioner in fact issued a cheque for Rs.1,28,200/- which was encashed ultimately in the name of his wife and that the petitioner is totally involved in the commission of the offence.

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The learned counsel for the petitioner submitted that the petitioner is not guilty of the offence levelled against him. The petitioner is a retired employee, he is 64 years old.

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In view of the age of the petitioner, I consider it appropriate to enlarge the petitioner on anticipatory bail. However, in view of the magnitude of the offence involved, it would be appropriate to enlarge the petitioner on bail on terms only.

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Accordingly, the petition is allowed. The petitioner shall surrender before the XI Additional Chief Metropolitan Magistrate, Secunderabad within two weeks from today. On such surrender, the learned Magistrate shall enlarge the petitioner on bail on executing personal bond for a sum of Rs.10,000/- with two sureties for a like sum to his satisfaction. After his release, the petitioner shall cooperate with the investigation and shall appear before the Station House Officer, Ramgopalpet police station on every Monday, Wednesday and Friday between 9-00 a.m. and 6.00 p.m. till charge sheet is filed.”

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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1. The XI Additional Chief Metropolitan Magistrate. Secunderabad.

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2. The Station House Officer, Ramgopalpet Police Station, Secunderabad.

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3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

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4. One CC to Sri I.Gopala Reddy, Advocate (OPUC)

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5. One spare Copy

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HIGH COURT

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AB DRAFTED ON 5-2-2014

DR.KGSJ

DATE: 4-2-2014

ORDER

CRL.P. NO. 770 OF 2014

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DIRECTION

K. Sivaji, v. The State of Andhra Pradesh

Case brief

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K. Sivaji, v. The State of Andhra Pradesh

Case brief

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