Andhra Pradesh High Court - Amravati
Melangi Sukanya vs The State Of Andhra Pradesh on 25 February, 2021
[3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 1003 OF 2021 Between: Melangi Sukanya, W/o late Melangi John Prabhakar, Aged 33 years, House Wife, SC Madiga by Caste and Community, Residing at Door No.20-6/3, Dubasi Street, Old Pet, Chandragiri, Chittoor District, AP. Pin.517101 ...Petitioner/Accused AND The State of Andhra Pradesh, Through Station House Officer, II Town PS, Guduru, Nellore District, Rep by Public Prosecutor, High Court at Amaravathi ... Respondent Petition under Sections 482 & 439° 2 Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased ta pass order by relaxing the conditions imposed on the petitioner/Accused in Cri.M.P.No.840/2020 on the file of the Principal Sessions Judge, Nellore, by modifying the said order. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Akula Venkateswarlu, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI Criminal Petition No.1003 of 2021 ORDER:
This Criminal Petition is filed seeking relaxation of the conditions imposed by order dated 17.12.2020 in Crl.M.P.No.840 of 2020 in Crime No.7 of 2011 of II Town Police Station, Guntur District passed by the Court of the Principal District and Sessions Judge, Nellore.
2. The petitioner who is A.3 in the aforementioned crime is alleged to have committed the offences punishable under Sections 120(b), 406, 420 of Indian Penal Code and Section 5 of Andhra Pradesh (Protection of Depositors) Financial Establishment Act, 1999. Several complaints were filed in different police stations and in all the cases she was granted bail on the conditions of executing personal bond for Rs.10,00,000/- (Rupees ten lakhs only) with two sureties for a like sum each.
3. Learned counsel for the petitioner submits the condition is onerous one and as the petitioner is not able to fulfil the said condition, though the bail was granted on 17.12.2020, still the petitioner is languishing in jail. The learned counsel further submits that in 12 cases, the petitioner has to deposit Rs.10,00,000/- in each case i.e. nearly more than one crore rupees in total 12 cases, as such, she seeks relaxation of the said condition.
4. On the other hand, learned Additional Public Prosecutor submits that there are several cases registered against the petitioner and A-1 is the Company and A-2 is the husband of the petitioner and they have alleged to have collected around an To, akon MM 2 LK, J CRLP.No.1003 of 2021 amount of Rs.360 Crores from the depositors, as such, the Court below has imposed such condition.
5. Looking at the facts of the case, this Court prima facie feels that the condition imposed directing the petitioner to execute personal bond for Rs.10,00,000/- is a onerous condition and this Court feels that the ends of justice would be met if the amount is reduced.
6. Accordingly, the Criminal Petition is allowed. The petitioner is enlarged on bail on her executing personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each and both the sureties must be from Nellore District. | I(TRUE COPY// | SECTION'GFFICER For ASSISTANT REGISTRAR The Principal Sessions Judge, Nellore. The Station House Officer, II Town Police Station, Guduru, Nellore District. One CC to Sri. Akula Venkateswarlu, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy _ Sd/-M.Suryanadha Reddy | ASSISTANT ISTRAR HIGH COURT LKJ DATED:25/02/2021 ORDER CRLP.No.1003 of 2021 ALLOWED LA Z6F ANDHRS Ne .
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