HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADE WEDNESDAY, THE TWENTY THIRD DAY OF JULY, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRL.P.No. 8158 of 2014 Between:
J. Sunil Kumar, S/o. J. Laxman Rao Petitioner/Accused No.1 AND The State of Telangana, rep. by Public Prosecutor of High Court, at Hyderabad Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. K. SAI BABU COUNSEL FOR THE RESPONDENT: THE PUBLIC PROSECUTOR Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to grant anticipatory bail to petitioner in C.C.No.1352 of 2003 of P.S. Narayanaguda, Hyderabad (Cr.No.194/2002) on the file of IX Addl. Chief Metropolitan Magistrate, Hyderabad, in the event of his arrest on such terms and conditions this Hon’ble Court.
The Court made the following Order:
“This Criminal Petition filed under Section 438 Cr.P.C by the petitioner/A.1 in Crime No.194 of 200214, on the file of the Station House Officer, Narayanaguda Police Station, Hyderabad District registered against him for offences punishable under Sections 420 of I.P.C.
2. Heard the Learned Counsel for the Petitioner, the Learned Public Prosecutor for the Respondent-State and perused the material placed on record.
3. The allegation against the petitioner herein in the report of the defacto-complainant is that the petitioner herein along with other accused-
A.2 were commission agents in foodgrains in Adilabad and the defacto- complainant is alleged to have worked for many years in A.P. State Co- operative Bank branches in Adilabad. Out of his acquaintance with the accused during his tenure and after his retirement, on the inducement of accused that to invest in proposed branch, in Hyderabad and they pay profits of Rs.10,000/- p.m. to him, he was impressed and paid Rs.3,00,000/- to the accused but later they failed to establish so. When asked for repayment of amount, the petitioners issued cheque to the defacto-complainant but the same was dishonoured, on that the defacto-complainant filed a private complaint case vide C.C.No.1352 of 2003.
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4. Thus, though there is prima facie accusation against the petitioner herein, considering the propensity of the crime and personal liberty of the accused, anticipatory bail is granted, subject to the following conditions:
[1] Petitioner/A1 shall execute a self-bond for Rs.25,000/-each [Rupees twenty five thousand only] with two sureties for the like sum each to the satisfaction of the arresting authority, otherwise giving liberty to the petitioner to submit before the Judicial Magistrate of First Class having the jurisdiction within 15 days for taking to custody and enlarge. The bond to be obtained is not only to appear before the Court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or pre committal enquiry before said Court, but also thereafter on committal before the Court of Sessions or by virtue of any transfer of proceedings for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before provisional or appellate Court or other superior Court - vide decision - Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting their further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
[2] Petitioner/A1 shall report before the Station House Officer, concerned once in a month 1st Monday till completion of trial/enquiry between 10.00 and 11.00 AM for assurance of his availability and non- interference in any manner with the witnesses.
[3] Petitioner/A1 shall not enter the area where the victim and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.
[4] Petitioner/A1 shall attend before the Court of law regularly in enquiry and trial without fail, if not his bail shall be cancelled forthwith, without any further order so that, the Magistrate can also issue NBW by cancelling the bail from the power under section 439 [2] CrPC. delegated to the learned Magistrate by this order during pendency of proceedings before the Magistrate.
[5] Petitioner/A1 shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
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[6] Petitioner/A1 shall furnish his full address with property and Bank Account particulars and submit their passport if any, after enlargement of bail on the next hearing date before the Magistrate Court concerned (for collecting by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial court in the event of considering the need of awarding compensation under section 357 CrPC. So to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under section 437A CrPC. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
[7] The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non- compliance of conditions supra) any absence of petitioner as accused for hearing/enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Sec.439(2) CrPC. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 CrPC. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge, Hyderabad
2. The Metropolitan Sessions Judge, Hyderabad.
3. The IX Addl. Chief Metropolitan Magistrate, Hyderabad
4. The XVII Metropolitan Magistrate at Hyderabad.
5. The Station House Officer, Narayanaguda Police Station, Hyderabad.
6. Two CCs to Public Prosecutor, High Court, Hyderabad (OUT)
7. One CC to Sri. K. Sai Babu, Advocate (OPUC)
8. One Spare copy KK HIGH COURT DR.SSRBJ DT. 23-7-2014 BAIL ORDER CRL.P.NO.8158 OF 2014 DIRECTION Drafted by: KK Drafted on: 30-7-2014 HIGH COURT DR.SSRBJ DT. 23-7-2014 BAIL ORDER CRL.P.NO.8158 OF 2014 DIRECTION