Telangana High Court
Yamma Thirupataiah vs The State Of Telangana on 30 October, 2018
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Criminal Petition No.11075 of 2018
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.2 for grant of anticipatory bail in Crime No.408 of 2018 of Medchal Police Station, Cyberabad Commissionerate, registered for the offences punishable under Section 420 of I.P.C. and Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999.
2. Heard the submissions of the learned counsel for petitioner/A.2, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
3. The learned counsel for the petitioner/A.2 would submit that the petitioner/A.2 has nothing to do with the alleged chit business being run by A.1 in this crime. There are no allegations against the petitioner/A.2 constituting the aforementioned offences and ultimately prayed to allow the application.
4. On the other hand, the learned Additional Public Prosecutor opposed for grant bail to the petitioner/A.2.
5. In the course of investigation, the police have examined number of witnesses, who stated that the petitioner/A.2, along with his wife-A.1, has been conducting private chit business without valid licence and that they collected huge amount of about Rs.6.00 crores from different persons. Currently, there are 37 subscribers to the said chit business being run by the 2 petitioner/A.2 and his wife-A.1. There are specific allegations against the petitioner/A.2 running a private chit business and collecting huge money by way of instalments from different persons. Therefore, it cannot be said that the petitioner/A.2 is an innocent person and no offence is made out against him. The matter requires thorough investigation. Release of the petitioner/A.2 on bail would hinder the investigation and there is every possibility of the petitioner/A.2 tampering the books of accounts etc. There is also possibility of the petitioner/A.2 winning over the witnesses. It is not a fit case to grant bail to the petitioner/A.2 under Section 438 of Cr.P.C. Even on medical grounds also, the petitioner/A.2 is not entitled for bail.
6. In the result, the Criminal Petition is dismissed.
Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
____________________ Dr. SHAMEEM AKTHER, J 30th October, 2018 Bvv