M M C Healthcare H.P.Pvt Ltd vs The State Of Andhra Pradaesh
2021 Latest Caselaw 1751 AP

     THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI

          CRIMINAL REVISION CASE No.299 OF 2019

ORDER:-

      This Criminal Revision Case is filed under Sections 397 and

401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')

assailing the order 08.01.2019 passed in Crl.M.P.No.08 of 2019 in

Crl.M.P.754 of 2018 by Cosmetics Act-cum-First Additional

District and Sessions Judge, West Godavari, Eluru whereby the

application filed by the petitioners to submit fixed deposit in lieu of

two sureties with Rs.20,000/- each, was dismissed.


2.    The case of the petitioners who are A1 and A2 in PRC No.02

of 2018 is that an application was filed under Section 438 Cr.P.C.

before Special Judge under Drugs and Cosmetics Act-Cum-I

Additional District and Sessions Judge seeking anticipatory bail in

connection with the crime registered for the offences punishable

under Drugs and Cosmetics Act, 1940 which is numbered as PRC

No.02 of 2018. The petitioners were granted bail vide order dated

08.10.2018 passed in Crl.M.P.No.754 of 2018 in PRC No.02 of

2018. Pursuant thereto in compliance of the said order the

petitioner has taken two F.D.Rs. dated 16.11.2018 for Rs.20,000/-

each totaling to Rs.40,000/- drawn on State Bank of India,

Tadepalligudem and he filed Crl.M.P.No.4818 of 2018 under

Section 445 Cr.P.C. before the trial Court with a prayer to accept

the same, but the trial Court did not accept the same with an

observation that there was no direction to take surety amount by

way of F.D.Rs. and the direction was to execute bail bonds for
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Rs.10,000/- each with two sureties but not cash sureties.

Accordingly the said petition was dismissed.


3.    Aggrieved by the order passed by the trial Court, the

petitioners   approached   the   lower   appellate   Court   by   filing

Crl.M.P.No.08 of 2019 seeking direction to the trial Court to accept

the solvencies. While passing the order impugned the lower

appellate Court observed that the petitioners ought to have

followed the conditions imposed while granting pre-arrest bail and

directed them to satisfy the trial Court. Aggrieved by the same the

petitioners are before this Court.


4.    Heard Sri I.Subrahmanyeswara Rao, learned counsel for the

petitioners and learned Additional Public Prosecutor for the

respondents.

5. Learned counsel for the petitioners submits that the Courts

below without considering the petitioners' plea for submitting fixed

deposits in lieu of two sureties each for Rs.20,000/- have

dismissed the petitions. The F.D.Rs. dated 16.11.2018 for

Rs.20,000/- each totaling Rs.40,000/- drawn on State Bank of

India, Tadepalligudem, were taken with a view to comply with the

conditions imposed while granting pre-arrest bail. Hence, the trial

court ought to have accepted. Therefore, he requests to consider

his prayer.

6. Having heard the learned counsel for the petitioners and

learned Additional Public Prosecutor, perused the material placed

before this Court from which it is clear that the petitioners were

granted bail on 08.10.2018 directing them to execute bail bonds

for Rs.10,000/- with two sureties each for a likesum to the

satisfaction of the learned I Additional Judicial Magistrate of First

Class, Tadepalligudem. Subsequent to that the petitioners have

approached the trial Court by filing Crl.M.P.No.4818 of 2018 in

P.R.C.No.2 of 2018 to accept the sureties by way of FDRs for a

total amount of Rs.40,000/- as directed by I Additional District

and Sessions Judge, Eluru. But the same was dismissed observing

that the Court cannot go beyond the direction of the Sessions

Court and it has no jurisdiction to modify the order to permit the

petitioner to deposit cash sureties instead of regular sureties under

Section 445 Cr.P.C. When the petitioners approached the lower

appellate Court seeking a direction to the trial court to accept the

F.D.Rs., the same was also dismissed holding that it cannot go

beyond the orders passed in Crl.M.P.No.754 of 2018 and directed

the petitioners to satisfy the trial court against which the

petitioners are before this Court.

7. The petitioners were granted bail in the year 2018 and till

now the petitioners could not comply with the conditions imposed

in the bail order. After lapse of more than two years, the petitioners

are before this Court with the same request. It is not stated before

the Courts below or before this Court what is the difficulty to

comply with the said orders.

8. In the light of these facts and even after lapse of more than

two years from the date on which bail was granted, as the

petitioners could not comply with the conditions imposed therein

without any specific reasons, this Court is not inclined to interfere

with the order impugned passed by the lower appellate Court.

9. Accordingly, the Criminal Revision Case is dismissed.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

____________________________________ JUSTICE LALITHA KANNEGANTI

Date :25.03.2021

IKN

THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI

CRIMINAL REVISION CASE No.299 of 2019

Date : 25.03.2021

IKN

Admit.

Learned Public Prosecutor takes notice on behalf of respondent No.1-state.

Issue notice to respondent No.2.

Learned counsel for the petitioner is permitted to take out personal notice on respondent No.2 through registered post with acknowledgement due and file proof of service. Post after four weeks.

I.A.No.1 of 2021 Heard.

There shall be interim stay of all further proceedings pursuant to the judgment dated 29.12.2020 passed in Criminal Appeal No.10 of 2019 by X Additional District and Sessions Judge, Visakhapatnam at Anakapalle modifying the order dated 21.01.2019 passed in D.V.C.No.1 of 2016 by XI Additional Metropolitan Magistrate, Anakapalle on the condition of the petitioner depositing an amount of Rs.4,65,000/- (Rupees four lakhs sixty five thousand only) in three equal instalments (i.e. Rs.1,55,000/- x 3 = Rs.4,65,000/-) within eight weeks from the date of receipt of a copy of this order and shall continue to pay an amount Rs.3,500/- (Rupees three thousand five hundred only) per month on or before 5th of every succeeding month.