THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 8951 of 2022
ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail to the petitioners who are arrayed as Accused Nos. 11, 12, 30, 31 and 32 in the event of their arrest in Crime No.34 of 2022 on the file of Station House Officer, Central Crime Station, Hyderabad registered for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of Indian Penal Code.
2. Heard learned counsel for petitioners/Accused and learned Assistant Public Prosecutor for respondent-State. Perused the record.
3. The case of the prosecution is that these petitioners along with others alleged to have fabricated certificates in consideration for money.
4. Learned counsel for the petitioners submits that all the arrested accused are released on bail. These petitioners who are Associate Professors, Deputy Registrar, Deputy Exam Controller are 2 seeking the relief of Anticipatory Bail on the ground that they have nothing to do with the alleged forgery. Further, learned counsel for the petitioners relied upon the judgment reported in 1980 (4) SCC 552 between Bhausaheb Kalu Patil v. State of Maharashtra wherein his lordships was pleased to observe that forged certificates may not be valuable security as defined under Section 30 of the Indian Penal Code.
5. Learned Assistant Public Prosecutor submits that the address of these petitioners is shown as residents of Madhya Pradesh and it is unlikely that the petitioners would receive notice and subsequent to receipt of such notice under Section 41-A, shall assist investigation.
6. Learned Counsel for the petitioners would submit that there cannot any kind of apprehension that the petitioners would not follow procedure under Section 41-A of Cr.P.C and would assist the investigation as and when called for by the investigating officer.
7. As the case may be, all the other offences alleged are punishable up to seven years, for which reason, the respondent- police are directed to carry out the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the 3 guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1scrupulously. In the event, the reasons to be recorded if the petitioners failed to comply with the conditions laid down under Section 41-A Cr.P.C., the police are at liberty to arrest the petitioners as mandated under Section 41-A Cr.P.C.
8. Accordingly, the Criminal Petition is disposed off.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
________________ K.SURENDER, J Date :19.10.2022 ns/rev 1 (2014) 8 SCC 273 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 8951 of 2022 Dt.19.10.2022 ns/rev