Telangana High Court
Manoj Kumar Chopra vs The State Of Telangana on 21 June, 2022
Bench: K.Surender
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 4967 of 2022
ORDER:
This Criminal Petition is filed under Section 438 of the Code of
Criminal Procedure, 1973 seeking bail to the petitioner who is
arrayed as Accused No.33 in the event of his 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 this petitioner along with
others alleged to have fabricated certificates in consideration for
money.
4. Learned counsel for the petitioner submits that all the arrested
accused are released on bail. This petitioner who is Principal, RKDF
College of Engineering is seeking the relief of Anticipatory Bail on the
ground that he has nothing to do with the alleged forgery. Further,
learned counsel for the petitioner 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. He further submits that the
police concerned while proceeding against the petitioner may
consider his hospitalization.
5. Learned Assistant Public Prosecutor submits that the address
of this petitioner is shown as resident of Madhya Pradesh and it is
unlikely that the petitioner would receive notice and subsequent to
receipt of such notice under Section 41-A, shall assist investigation.
6. Learned Counsel for the petitioner would submit that there
cannot any kind of apprehension that the petitioner 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 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 petitioner 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 :21.06.2022
tk
(2014) 8 SCC 273
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 4967 of 2022
Dt.21.06.2022
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