Andhra Pradesh High Court - Amravati
Shaffi Ahammad vs The State Of Andhra Pradesh on 27 May, 2021
. Between:- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MAY, TWO THOUSAND AND TWENTY ONE a >: PRESENT : . THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 2925 of 2021 Shaffi Anammad, S/o. Sayed Saheb, Occ : Senor Assistant, Primary Health Centre (PHC), Peddamandyam, Peddamandyam Village & Mandal, Chittoor District. ee Petitioner/Sole Accused. AND The State of Andhra Pradesh, through the Sub-Inspector of Police/ The Station House Officer, Nindra Police Station, Nindra V & M, Chittoor District, rep. by its Public Prosecutor, High Court of A.P., At Amaravati . Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Station House Officer, Nindra Police Station/the respondent herein to release the Sole Accused/the petitioner herein on bail in the event of his arrest pursuant to the Crime in FIR No. 24 of 2021, dated 19-04-2021 on the file of the Police Station, Nandra Village & Mandal, Chittoor District, pending further investigation of said crime in the interest of justice. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Gade Venkateswara Rao, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
-
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.2925 OF 2021 ORDER:-
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.24 of 2021 of Nindra Police Station, Chittoor District, registered for the offences punishable under Sections 379, 409, 468, 471 and 420 of Indian Penal Code, 1860.
2. The case of the prosecution is that prior to 19.4,2021, at 'Primary Health Center, Nindra, Nindra Mandal, the petitioner, being a public servant, ie., Senior Assistant, Primary Health Center, Nindra, made criminal breach of trust by making fake bills and vouchers with forged signature of the Doctor and adjusted an amount of Rs.99,094/- towards village health sanitation into his bank account and an amount of Rs.70,906/- was adjusted to the account of one Smt P.Dorathy Hannamma, PHN (NT) and also committed theft of Service Register of an employee --- late Sri D.Madanagopal, Senior Assistant, PHC, Nagari and other vouchers connected to this case. Basing on the said complaint, the present crime is registered.
3. Heard Sri Gade Venkateswara Rao, learned counsel for the petitioner, and the learned Public Prosecutor for the respondent-
State.
4. Learned counsel for the petitioner 'Submits that the de facto' complainant colluded with the District Medical Health Officer and brought :into existence various proceedings. He further submits '- that a letter was addressed to the District Medical Health Officer by the petitioner stating that he was suspended from duties on 25.3.2015 and he was directed to hand over the records. Accordingly, he handed over the records. He submits that though he is giving the suitable reply, nothing has been considered and a false case has been foisted.
5. . Learned Public Prosecutor, on the other hand, submits that the allegations against the petitioner are already on record; that the petitioner is a habitual offender and he has misappropriated
- several amounts and also there is another case,. which is under trial, in Crime No.3 of 2016 with similar allegations and hence, the petitioner is not entitled to bail.
6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, from the complaint itself, it is clear that the petitioner is alleged to have committed misappropriation when he was working at Nindra. Presently, he is working at Nagari Primary Health Centre. It is also submitted by the learned Public
--Prosecutor that the petitioner was placed under suspension at that relevant point of time. Though it is brought to the notice of this Court that the petitioner is indulged in similar kind of offences for which he is facing trial, as far as this application is concerned, as the petitioner is not working in the same station, x there cannot be any apprehension to the police that the petitioner may tamper with the evidence and nothing has been placed on Court deems it appropriate to grant pre-atrest bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner /accused shall be released on bail in the event of his arrest in connection with Crime No.24 of 2021 of Nindra Police Station, Chittoor District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties fora likesum each to the satisfaction of the Station House Officer, Nindra_ Police Station, Nindra Village and Mandal, Chittoor District. The petitioner shall cooperate with the investigation and he shall appear before the police once in a week til] the charge sheet is filed. If the petitioner does not cooperate with the police for investigation, the prosecution is at liberty to move an application seeking cancellation of bail.
Consequently, miscellaneous applications pending, if any, shall stand closed.
'sl REDDY SD/- G. SREENIVAS ASSISTANT REGISTRAR //TRUE COPY! SECTIONOFFICER for ASSISTANT REGISTRAR 1 the Station House Officer, Nindra Police Station, i District.
idra Village and Mandal, Chittoor . Amaravati(OUT) 2 Nigra vi to the Public Prosecutor, High Court of A.P., at Am
3.One CC to Sri Gade Venkateswara Rao, Advocate(OPUC)
4.One spare copy.
HIGH COURT LK.
DT.27-05-2021.
ANTICIPATORY BAIL ORDER CRL.P.No. 2925 of 2021 RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST (CRIMINAL PETITION IS ALLOWED)