Andhra Pradesh High Court - Amravati
Shaik Khadar Basha A3 vs The State Of Andhra Pradesh on 6 February, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.511 OF 2020
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is A-3 in Crime No.271 of 2019 of Palakol Town Police Station, West Godavari District.
3. The alleged offences against him are under Sections 120-B, 417, 419, 420, 468, 471, 370, 371, 188 of the Indian Penal Code, 1860, under Section 12 (1) (b) of the Passports Act, under Section 10 r/w 24 of the Emigration Act and under Section 14 of the Foreign Act.
4. Briefly stated, it is the case of the prosecution that A-1 and other accused including the petitioner, who is A-3 have formed into a group and they have been collecting Rs.25,000/- from each of the persons, who intend to go abroad and they are creating fake passports and also changing the thumb impressions of the said persons by conducting operations through some other persons and thereby indulged in commission of the offences punishable under the aforesaid section of law of various Acts.
5. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
6. Learned counsel for the petitioner would submit that the petitioner is innocent and that he has been falsely implicated in this crime. Only vague allegation is made against him in the F.I.R. Therefore, he prayed for grant of anticipatory bail to the petitioner. 2
7. Learned Additional Public Prosecutor vehemently opposed the criminal petition. He would submit that there is an allegation in the F.I.R. against the petitioner that this petitioner along with other accused conspired together and they have been attending to the operations for changing the thumb impressions of the person, who applied for fake passports and as such, the complicity of the petitioner in commission of the aforesaid crime is very much apparent. So, in view of the seriousness of the offences, he prayed for dismissal of the petition.
8. Perused the record.
9. It is a case where, all the accused formed into a group and have been indulging in illegal acts of creating fake passports and also changing the thumb impressions of the persons, who applied for fake passports by conducting operations through some others. There is a clear allegation against this petitioner, who is A-3 in the F.I.R. that the said operations are being conducted at his instance. Therefore, his complicity in commission of the aforesaid crime is very much apparent. So, the accusation made against him is prima facie well founded. Having regard to the serious nature of the offences, in which the petitioner is involved, this Court is of the considered view that it is not a fit case for grant of anticipatory bail to the petitioner.
10. In the result, the Criminal Petition is dismissed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 06-02-2020 ARR 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.511 OF 2020 Date : 06-02-2020 ARR