Andhra Pradesh High Court - Amravati
Kedaresetti Sudhakar vs The State Of Andhra Pradesh on 3 October, 2023
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 7285 OF 2023
ORDER:
This Criminal Petition, under Sections 437 and 439 of
Cr.P.C., has been filed by the petitioner/Accused No.3,
seeking regular bail in Crime No.114 of 2009 of Yeleswaram
Police Station, East Godavari District.
2. The above Crime was registered against the petitioner
herein and others for the offence punishable under Section
420 IPC and Sections 3 and 4 of Prize Chits and Money
Circulation Scheme (Banning) Act, 1978.
3. Brief facts of the case are that Accused No.1 is the
father of Accused Nos. 2 and 3 and father-in-law of Accused
No.4 and all of them were running a Chit Fund business at
Yeleswaram. Subsequently, as there was a default in
payment of money to the subscribers, they gave a report on
the basis of which, the present crime has been registered.
After completion of investigation, the charge sheet was filed
on 13.09.2009. The case was numbered as C.C.No.6 of 2011
on the file of the Chief Judicial Magistrate-Cum-Principal
Assistant Sessions Judge, East Godavari District at
Rajahmundry. As the petitioner could not be apprehended
and as he could not turn up, case against him was separated
vide C.C.No.1 of 2013. So far as Accused Nos.1, 2 and 4 are
concerned, they faced trial in C.C.No.6 of 2011 and the case
ended in acquittal vide judgment dated 30.06.2014. Even
thereafter, the petitioner could not surrender himself before
the Court below. It is only on 02.09.2023, the petitioner was
arrested by executing a Non-Bailable Warrant and ever since,
he is in judicial custody.
4. The learned counsel for the petitioner contended that
the petitioner is working as a Software Engineer at
Hyderabad and he was not aware of the pendency of the
above Crime. He further contended that all the offences
alleged against the petitioner are punishable either with 7
years or less than 7 years. Further, the petitioner was
remanded to judicial custody on 02.09.2023. As such, the
learned counsel for the petitioner requested this Court to
enlarge the petitioner/A-3 on bail.
5. On the other hand, the learned Assistant Public
Prosecutor opposed the bail application contending that the
petitioner evaded arrest from 2009 till the date of his arrest
i.e., 02.09.2023. Of course, the learned Assistant Public
Prosecutor states that the offences are punishable with
either 7 years or less than 7 years.
6. This Court perused the entire material on record.
7. As the offences are punishable with either 7 years or
less than 7 years and as he is in judicial custody since
02.09.2023, this Court is inclined to enlarge the
petitioner/A-3 on bail, on the following conditions.
(i) The petitioner/A-3 herein shall be released on bail
on his executing a personal bond for Rs.25,000/-
(Rupees twenty five thousand only) with two (02)
sureties for a like sum each to the satisfaction of the
learned Judicial First Class Magistrate, Prathipadu,
East Godavari District.
(ii) On release, the petitioner is directed to report before
the Chief Judicial Magistrate-Cum-Principal Assistant
Sessions Judge, East Godavari at Rajamahendravaram,
once in a week i.e., on every Monday between 10.00
a.m., and 01.00 p.m., till completion of trial.
8. Accordingly, the Criminal Petition is allowed.
___________________________
SRI K.SURESH REDDY, J
Date: 03.10.2023
RSI
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 7285 of 2023
Date: 03.10.2023.
RSI
