Andhra Pradesh High Court - Amravati
K.Vasu Babu vs The State Of Andhra Pradersh on 7 December, 2021
al [ 3208 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY , THE SEVENTH DAY OF DECEMBER, _-- TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE DRAMESH ~ CRIMINAL PETITION NO: 6950 OF 2021 co Between: K.Vasu Babu, S/o Appaiah, aged about 40 years, R/o Block 110-2, Chaitanya Nagar, Hukumpet, Rajamahendravaram, East Godavari District . Petitioner/Accused AND The State of Andhra Pradesh, rep by Station House Officer, ThinkCopuram Police Station, Thimmapuram, East Godavari District (through Public Prosecutor, High Court of Andhra Pradesh at Amaravati) Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner in connection with the enquiry investigation and trial of Crime in FIR No.268 of 2021, dated 02.11.2021 of Station House Officer, Thimmapuram Police Station, Thinmapuram, East Godavari District on such terms and conditions. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of M/S Bharadwaj Associates Advocate for the Petitioner, and of the Asst. Public Prosecutor for Respondent, the Court made the following ORDER
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.6950 of 2021 ORDER: , This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to the petitioners/Accused 1 to 4 in connection with Crime No.268 of 2021 of Thimmapuram Police Station, East Godavari District, wherein the petitioner is alleged to have committed the offences punishable under Sections 468, 471 and 420 of the Indian Penal Code, 1860 (for short "IPC").
2. A report was lodged by the Divisional Manager, Andhra Pradesh Tourism Development Corporation Limited on 02.11.2011 stating that the petitioner, while managing and administering M/s Ratna Siri Food Courts/ Resorts Operator vide lease agreement dated 24.05.2018 has submitted a bank guarantee for Rs. 75,00,000/- vide Bank Guarantee No.11 /20 from M/s Laxmi Vilas Bank Ltd., Rajahmundry in favour of A.P.Tourism Development Corporation Ltd., which is valid for a period from 20.05.2020 to 19.05.2022 and that on verification of the said bank has replied that the said guarantee was not issued by the said bank. Hence, the above crime was registered.
3. Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
4. Learned counsel for the petitioner submits that the petitioner has submitted Bank Guarantee through M/s Laxmi Vilas Bank by mistakenly, the respondents have stated that the bank guarantee issued by the Kotak Mahindra Bank, hence the petitioner has not committed any irregularity. In fact, the petitioner Ped 2 S
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has complied with all conditions. Hence, his case may be Da considered for grant of bail.
5. Learned Assistant Public Prosecutor for the State has submitted that the prime allegation against the petitioner is that he has submitted forged/ fake bank guarantee, of which a crime was registered against him, punishable under Sections 468, 471 and 420 of IPC and requested to dismiss the application.
6. Considering the submissions made by the learned counsel for the petitioner; learned Assistant Public Prosecutor for the State and on perusal of the record, this Court prima facie satisfied to grant anticipatory bail to the petitioner/ accused.
7. In the result, the criminal petition is allowed in the event of arrest of the petitioner/Accused, he shall be enlarged on bail in connection with Crime No.268 of 2021 of Thimmapuram Police Station, East Godavari District, on their executing self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer of Thimmapuram Police Station, East Godavari District.
~ SD/- A.VIJAYA BABL ASSISTANT R STRAR i ITTRUE COPY// J I SECTION OFFICER .. ------~ To, .
A-The Station House Officer, Thimmapuram Police Station, Thimmapuram, East Godavari District
2. Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT)
3. One CC to SRI. M/S BHARADWAJ ASSOCIATES Advocate [OPUC] <4-One spare copy Skm , / HIGH COURT DRJ DATED:07/12/2021 ORDER CRLP.No.6950 of 2021 DIRECTION ZEEE ANCHE AE.
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