LALITHA KANNEGANTI
Syed Inayath Ullah – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A-1 in the event of his arrest in connection with Crime No. 109 of 2021 of Central Crime Station, WCO Team-V, Hyderabad, registered for the offences punishable under Sections 406, 420 read with Section 34 IPC.
2. The case of prosecution is that the de facto complainant lodged a complaint stating that in September, 2020, he came into contact with A1 through his friend Ibrahim and that A1 has introduced himself as Doctor in Virinchi Hospital and running a clinic at Narayanaguda. In January, 2021, A1 has requested the de-facto complainant to provide a sum of Rs. 45,00,000/- and assured to repay the same with good interest on or before 01.03.2021, and on believing his words, he paid an amount of Rs. 25,00,000/- on 16.01.2021 and Rs. 20,00,000/- on 21.01.2021 by procuring the said amounts from his friends. But, on completion of the said period, A1 and his father/A2 dodged the matter and on several requests, A1 has issued a cheque for a sum of Rs. 10,00,000/- but the same was bounced on its presentation before the Bank, thereby cheated him.
The main legal point established in the judgment is the requirement for the police to follow the prescribed procedure under Section 41-A Cr.P.C. and the guidelines formulated by the Supreme Court in ....
Anticipatory bail – Accused cannot seek anticipatory bail for alleged violation of procedure under Section 41-A of Cr.P.C.
Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.
Anticipatory bail – Where penal provisions are punishable by imprisonment of less than seven years, court can to give direction to follow Section 41-A, Cr.P.C., procedure.
Point of law : a person gets apprehension of being arrested in two situations:- firstly when a 'Notice' is issued to him under Section 41A (1) of the Code and secondly, after complying the terms of '....
Anticipatory bail applications are maintainable even after issuance of notice under Section 41A Cr.P.C., provided there is apprehension of arrest.
Issuance of notice under Section 41A of the Cr.P.C. is mandatory only in specific contingencies and does not apply post-arrest and bail.
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