The court dismissed a criminal petition seeking anticipatory bail under Section 438 Cr.P.C. filed by two accused against false implication in a cheating case involving fraud and non-repayment of funds.
Criminal Petition dismissed; anticipatory bail denied to petitioners A.2 and A.3.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7882 of 2016
ORDER:
This Criminal Petition, under Section 438 Cr.P.C., is filed by the petitioners/A.2 and A.3 seeking anticipatory bail in the event of their arrest in Crime No.50 of 2016 of Malkipuram Police Station, East Godavari District, registered for the offences punishable under Sections 417 and 420 read with 34 IPC.
2. Heard and perused the material available on record.
3. Learned counsel for the petitioners submits that the petitioners/A.2 and A.3 are no way concerned with allegations made in the complaint and that they are falsely implicated in this case.
4. Learned Additional Public Prosecutor opposed the bail application stating that the petitioners and others collected huge amount from the de facto complainant and nine others stating that they provide good jobs in ONGC and thereby cheated them and failed to repay the amount.
5. Considering the facts and circumstances of the case and the submission of learned Additional Public Prosecutor, I am not inclined to grant bail to the petitioners.
6. Accordingly, the Criminal Petition is dismissed.
RAJA ELANGO, J
JULY 15, 2016 YVL
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners falsely implicated in cheating allegations under Sections 417 and 420 IPC.
Whether the court is inclined to grant bail in the present facts and circumstances.
4 provisions across 2 enactments
A.2
A.3
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
