Gopal Panda And 2 Others vs The Station House Officer
2022 Latest Caselaw 2887 Tel

                                                   Crl.Petition No.4423 of 2022
                                      1



        THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.4423 OF 2022

ORDER:

This Criminal Petition is filed under Section 438 of the Code of

Criminal Procedure, 1973 seeking bail to the petitioners who are

arrayed as Accused Nos.11 to 13 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 and 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 are 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 of SRK University are seeking the relief of

Anticipatory Bail on the ground that they have nothing to do with Crl.Petition No.4423 of 2022

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. As the case may be, all the other offences alleged are

punishable upto 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

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 mandate under Section 41-A Cr.P.C.

6. Accordingly, the Criminal Petition is disposed off.

7. As a sequel thereto, miscellaneous applications, if any

pending, shall stand closed.

_____________ K.SURENDER, J Date: 17.06.2022 ns

(2014) 8 SCC 273