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2022 Supreme(AP) 1270
ANDHRA PRADESH HIGH COURT AT AMARAVATI
K.Manmadha Rao, J.
Kum. C. Rohini Roy – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 3802 of 2022
Decided On : 26-05-2022
Important Points
Subject
Criminal Law - Bail and Anticipatory Bail
Act Referred
INDIAN PENAL CODE : S.406, S.420
Headnote
Section 438 - Bail - The court granted anticipatory bail to the petitioner, directing her to surrender before the police and execute a personal bond with sureties.
Fact of the Case:
The petitioner sought anticipatory bail in a case registered against her under Sections 406 and 420 of IPC. The charge sheet was already filed, and a notice was issued.
Finding of the Court:
The court deemed it appropriate to enlarge the petitioner on bail, directing her to surrender within 15 days and execute a personal bond with sureties.
Issues: Anticipatory bail in a case where charge sheet was filed and a notice issued.
Ratio Decidendi: The court considered the circumstances and decided to grant anticipatory bail, imposing conditions under Section 438(2) of Cr.P.C.
Final Decision: The Criminal Petition was disposed of, and the petitioner was directed to surrender, execute a personal bond, and abide by specified conditions upon release.
Trupthi Agarwal, Advocate
JUDGMENT
Dr. K. Manmadha Rao, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of her arrest.
2. The petitioner is the sole accused in Crime No.390 of 2021 of Station House Officer, Suryaraopet Police Station, Vijayawada, Krishna District.
3. a case under Sections 406 and 420 of IPC was registered against the petitioner in the above crime.
4. Heard learned counsel for the petitioner and the learned additional Public Prosecutor for the State.
5. Learned counsel for the petitioner would submit that the petitioner is innocent and she never committed any offence. There is apprehension of arrest of the accused. Hence, he would pray for grant of anticipatory bail to the petitioner.
6. Learned additional Public Prosecutor opposed the criminal petition and would submit that already charge sheet is filed and 41-a notice also issued, as such, there is no need to grant anticipatory bail.
7. as seen from the record, the petitioner filed Crl.P.No.3298 of 2022 to quash the F.I.R and the same was dismissed on 02.05.2022. Hence, this Court deems it appropriate to enlarge the petitioner on bail.
8. In the result, the Criminal Petition is disposed of. The petitioner is directed to surrender before the Station House Officer, Suryaraopet Police Station, Vijayawada, Krishna District within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on her executing personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Suryaraopet Police Station, Vijayawada, Krishna District. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) of Cr.P.C as under;
1) The petitioner shall make himself available for interrogation by a police officer as and when required.
2) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade her from disclosing such facts to the Court or to any police officer.
