The Court granted anticipatory bail to the petitioner accused in a cheating case on the ground that his name appeared only in a co-accused's confession. He was directed to surrender within 15 days and execute a bond.
Petitioner directed to surrender within 15 days and be released on bail with a personal bond of Rs. 20,000 and two sureties.
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I26e0 |
TIIGII COURT OF JUDICATURI] AT IIYDERABAD FOR't}IE STATE OI.'TELANCANA AND'ItIE S]'A]'E OF ANDITRA PRADESII
FRIDAY. TI-{E NINETH DAY OF MARCH TWO TFIOUSAND AND EICH'|EI]N
:PRESENT:
TIIE IIONOURABLE SNII"IUS-TICE 1" RAJANI
CIIIN{lNAl. I'ETITION NO: 2212 Otr 20lft
Betwccn:
M.B.Vijay Kumar Yaclav, S/o.Narasinrhulu
(cause title is amended (No. I is deleted) as per Court orclcr dated I 3.4.20 I 8 in IA.No.2/201 8 in Crl.P.No.22l2 ol20l8)
AND
,,..Respondent/Complainarrt
Petition untler Section.138 of Cr.P.C., playing that i11 the circunrstanccs statcd iu the petition and the grounds filed herein, t)rc High Court rlay be pleasecl to grant hinr anticil)iltory bail by directing the policc to release thern in the evcnt ol his arrest ir.r conncction u'ith Cr.No.93 3 of 20 I 7 on tlic 1l le of Pcnd urthy Police Station in tlre interest of .just ice .
The petition colring on lor lrearing, upon perusiug tlie Pctition ancl the af'fltllvit liled irr support thereof and upon hcaring the algulrents of Mr.Chalakarri Venkat Yadav. Arh,ocatc lirr the Petitioner and of thc Public Prosecutor (AP) Iirr Respontlent No.l and of Sri,N.llari nadh. Advocate for Respondcnt No.2
Thc Court nracle thc lbllos ing Ordcr:
This petition is filed under Section 438 Cr.P.C. seeking to grant anticipatory bail to the petitioner, who is A1 in Crime No.933 of 2017 on the flle of Pendurthy Police Station, Visakhapatnam District.
4 The counsel for the petitioner refutes the truth of the contents of the confessional statement. A report was given by this
petitioner to the Deputy Chief Executive (Admn.), Nuclear Fuel Complex, Hyderabad, dated 04.05.2O17, wherein he alleged that his name is being used by one VMS Siva Kumar-A2, '"vho collected money from many people. Basing on the seLid complaint given by this petitioner, a case in Cr.No.336 of 2017 was registered by S.H.O. of Kusaiguda Police Station against the said VMS Siva Kumar, for the offences punishable under Sections 406 and 42O lPC. By virtue of the above, the innocence of this petitioner stands probablized. In view of the above, it is considered to be a fit case to grant anticipatory bail to the petitioner.
allowed. 5. Accordingly, the Criminal Petition is The petitioner is directed to surrender before the Station House Officer, Pendurthy Police Station, Visakhaptnam District, within 15 days lrom the date of this order. On such surrender, the petitioner sha1l be released on bail on his executing a personal bond for a sum of Rs.2O,OOO/- (Rupees twenty thousand only) with two sureties in a like sum each to the satisfaction of the saicl Station House Officer. Further, on such release, the petitioner shall r.ibide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
As a sequel, miscellaneous petitions, il anv pending, in this petition sha1l stand closed.
Sd/-N{.MAN.IULA ..\SSIS I- ,- l ltl,l 1'RAR ,1'RUE COP'// libr .\SS IS'l'.\'f Il.I'lG I31'R.\lL
To,
l.'l'hc Station House Otllcer. I)cntlurthy Police Station,V isitl<ltlpatnlrn District
Note: Substitute this amencled order in place of earlier older u'hich rvas dispatched orl I 3.03.20 I 8.
Sd/-N I. N I.\ N.J TiL,\ ASSISTANl' II IIC IS'I'R.\IT
IIICTI COURT
Ttt..,
l).'f llD : 09.0.3.20 l tt
13.4.2018
cRt..P.\o.2212 0F 20lll
\I I.-\DED ORDEIl
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the prima facie facts of the case.
Whether the petitioner's claim of misappropriation of his identity by a co-accused warrants such relief.
2 provisions across 1 enactments
M.B.Vijay Kumar Yaclav
The State of Andhra Pradesh through SHO, Pendurthy Police Station
Kalagarla Prasada Rao
N. Rajani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
