Dismissed

T. Appala Swamy v. The State of Telangana

Telangana HC12 Mar 2021CRLP/882/2021

Case brief

AI extract

What is this about?

The Single Judge rejected the plea for anticipatory bail under Section 438 CrPC. The court found specific allegations of forgery and cheating against the petitioner and declined to release him, directing surrender for consideration of bail if given prior notice.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner directed to surrender within 15 days to file bail application with notice to Public Prosecutor for consideration.

T. Appala Swamy Vs The State of Telangana — Cheating and Forgery | Telangana HC (2021)

¶1

HIGH COURT FOR THE ST TELANGANA AT HYDE#JE DOF

¶2

FlPlY THE TWELFTH DAY OF I/ARCH TWo THOusArrro ervo iwerury orvr

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PRESENT

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THE HONOURABLE JUSTICE G. SRI DEVI cRt MIN AL PE TITIO NNO: 8820F2 021

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Between:

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L"ff R*, ;81,fl^,i":f?ol,, :H 13!fi i?{,i?fu t :9. :!9yt^{4J^yeqrs,occ:Asricutture,} asr Uodavan-_District, Telanga"na State.' ...^{pElloNERyacCi,s} eo r.rtli

¶7

AND

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The State of Telangana, Rep. by its public prosecutor, High Court at Hyderabad

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petition under section 438 or cr.p.c ,r", "r;:t::",:T::ff1:::'ll:l in the Memorandum of Grounds of criminar petition, the High court may be preased to grant anticipatory bair to the petitioner in the event of the arrest in crime No.408 of 2018 of P.S. RGI Airport.

¶10

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri. K. sai Krishna Mohan Rao, Advocate for the petitioner and the pubric prosecutor on beharf of the Respondent

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The Court made the following: ORDER

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THE HONOURABLE^{JUSTICE G' SRI DEVI} CRIMINAL^{PETITION No'882oF 2021}

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ORDER:

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This Criminal^{Petition'under Section 438 of the Code of} Criminal^{Procedure,1973 (for short''Cr'PCJ} '^{is filed by the} petitioner/^{accusedNo'2 for grant of anticipatory bail in the event} of his arrest^{in Crime No'4O8of 2O18 of RGt AirportPoiiceStation'} Cyberabad,^{registered for theoffencespunishableunder} Sections^{42O,46A and 47i I P'C'}

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2 Heard learned^{counselfor the petitioner/ accused No'2 and} thelearnedAssistantPublicProsecutorappearingforthe respondent/^{State. Perused the materialon record'}

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Learned counsel^{for the petitioner/accused No 2would} submit that no^pima facie^{case is made out againstthe petitioner;} that the petitioner^{is an employeeand he is nothing to do with the} offences alleged against^{him; that the petitioner is ready to} cooperate with the investigation^{and ultimately, prayed this Court} to grant anticipatory bail to the^petitioner.

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On the other hand, learned Assistant Public Prosecutor opposed the bail applicatron

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As seen from the contents of the First Inlormation Report, there are specific allegations against the present petitioner, who is arranged as accused No.2. The petitioner is working as travel agent and has supplied fabricated and fake documents to accused No.1 by morphing the Kuwait Work visa as Kuwait Visa to avoid POE

t1 i1

clearance and thereby cheated the Immigration Officer for his wrongful again.

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Thus, looking into nature of allegations leveiled against the petitioner and his involvement in morphing the documents, I am not inclined to release the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected. However, if the petitioner/ accused No.2 surrenders before the Court concerned within fifteen (15) days from today and liles an application for grant of bail, after giving prior notice to the Public Prosecutor, the same shal1 be considered on the same day in accordance with law.

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7 . With the above direction, the Criminal Petition is dismissed.

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Miscellaneous petitions, if any,^pending in^{this petition shall}

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stand closed.

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//TRUE COPY//

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SD/.K.AMMAJI ASSSISTANT^REGISTRAR {\-'tr

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SECTION OFFICER

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To, 1. The Vlll tvletropolitan N/agistrate, Cyberabad at Rajendranagar i. +'nE ii;6;'ir",i-iidbni."1.^{nc iAi'p"'tPoI ice Statiol'-cvbsrabad} :. ci;;^"cc 6'siix.^{sli x,i.ii narrrr"r, jh Rao, Advocate(oPUC)} 4. Two CCs^{to Public Pt"J;ri;;:Hi;n ci'h i"iitt" Stlte of relansana at} Hvderabad^(OUT) Trivo CD Copies ks gbr

HIGH COURT

DATED:1210312021

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d zb MAR 2021
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ORDER

CRLP.No.882 of 2021

DISMISSING THE CRL.P

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T. Appala Swamy v. The State of Telangana

Case brief

What is this about?

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T. Appala Swamy v. The State of Telangana

Case brief

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