Gopal Panda vs State Of Telangana
2022 Latest Caselaw 5200 Tel

            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

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

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

(2014) 8 SCC 273

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No. 8951 of 2022 Dt.19.10.2022

ns/rev