IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRL.P.No. 4223 of 2014 Between:
S. Ganapathi, S/o Shanmugam Petitioner/Accused AND The State of A.P., through SHO, Rallabudugur Police Station, Santhipuram Mandal, Chittoor District, rep. by Public Prosecutor, High Court of A.P. Hyderabad.
Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. GADE VENKATESWARA RAO 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 the petitioner herein in the event of his arrest in Crime No. 93 of 2013 dt.03-11- 2013 on the file of the Rallabudugur Police Station, Santhipuram Mandal, Chittoor District pending investigation.
The Court made the following Order:
“This Criminal Petition is filed by the petitioner – accused No.1, under Section 438 Cr.P.C, seeking release in the event of his arrest in connection with Crime No.93 of 2013 of Rallabudugur Police Station, Santhipuram Mandal, Chittoor District registered for the offences punishable under Sections 347, 384, 387, 403, 418 and 506 IPC.
A private complaint was filed by the informant alleging that
A.1 and A.2 are running a granite factory to which the informant supplied 3 diesel generators on rent basis. It is alleged that, when the informant asked for payment of the defaulted rents, stating that the generators were damaged on 25.09.2013, the accused are alleged to have detained the informant and threatened him with dire consequences.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
A perusal of the material available on record, more particularly, the order dated 21.01.2014 would indicate that two generators were seized from the premises of the accused which by itself makes it clear that the generators were not damaged. There appears to be some disputes with the accused with regard to the payment of rent for the generators supplied by the informant. Though the accused claim to have paid the entire rent, the informant states that there was default in payment of rent by the accused. Taking into consideration the nature of the dispute between the parties, I am inclined to grant anticipatory bail to the petitioner on certain terms and conditions.
2 Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Rallabudugur Police Station, Punganur Mandal, Chittoor District within a period of ten days from today and on such surrender, he shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for a likesum to the satisfaction of the same Station House Officer. After his release, the petitioner shall appear before the Station House Officer, Rallabudugur Police Station on every Saturday between 9.00 and 6.00 p.m. for a period of four weeks from today.
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The I Additional Sessions Judge, Chittoor.
2. The Judicial Magistrate of First Class, Kuppam, Chittoor District.
3. The Station House Officer, Rallabudugur Police Station, Punganur Mandal, Chitotor District.
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri. Gade Venkateswara Rao, Advocate (OPUC)
6. One Spare copy KK HIGH COURT CPKJ DT. 25-4-2014 BAIL ORDER CRL.P.NO.4223 OF 2014 DIRECTION Drafted by: KK Drafted on: 26-4-2014 HIGH COURT CPKJ DT. 25-4-2014 BAIL ORDER CRL.P.NO.4223 OF 2014 DIRECTION