The decision not to grant pre-arrest bail was based on the audit report showing misappropriation of a substantial amount of money by the petitioner.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail to the petitioner/accused in the event of his arrest in connection with Crime No.83 of 2021 of Sydapuram Police Station, SPSR Nellore District registered for the offence punishable under Section 409 of the Indian Penal Code, 1860.

2. The case of the prosecution is that basing on the letter of Mandal Parishad Development Officer, Mandal Praja Parishad, Sydapuram, dated 26-04-2021 the present crime was registered against the petitioner alleging that he misappropriated the funds to a tune of Rs.40,51,046/- while he worked as Sarpanch of Sydapuram Gram Panchayat during the period from 02-08-2013 to 01-08-2018.

3. Heard Sri Subba Rao Korrapati, learned counsel for petitioner and the learned Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that the petitioner worked as Sarpanch for the period from 02-08-2013 to 01-08-2018, now after three years, the present crime was registered stating that the petitioner has misappropriated an amount of Rs.40,51,046/-. Learned counsel for the petitioner submits that he has been implicated in this case due to political reasons and further there is no material before the police to register the case against the petitioner, now as the entire record is with the police, police cannot have any apprehension that the petitioner may tamper with the evidence, as such his case may be considered for grant of pre-arrest bail.

5. On the other hand, learned Public Prosecutor opposed this petition and placed before this Court the audit report.

6. As per the audit report, it appears that there is a huge misappropriation of amount by the petitioner while he worked as Sarpanch of Sydapuram Gram Panchayat.

7. In view of the allegations in the complaint and taking into consideration the fact that huge sum of money is involved in this case, this Court is not inclined to grant pre-arrest bail to the petitioner. However, learned counsel for the petitioner submits that the petitioner/accused will surrender before the concerned Court and he will move an appropriate application seeking bail. On such application, the competent Court shall consider the same on the same day in accordance with law.

8. Accordingly, this Criminal Petition is disposed of.