Andhra Pradesh High Court - Amravati
Melangi Sukanya vs State Of Andhra Pradesh on 27 May, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI - "THURSDAY ,THE TWENTY SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 2889 OF 2021 Between: Meiangi: Sukanya, D/o. Abidnego W/o. late Melangi Prabhakaran.. @ John Prabhakar, Aged 33 years, House Wife, SC Madiga by 'Caste & Community, Residing-at Door NO.20-6/3, Dubasi Street, Old Pet, Chandragiri, Chittore District, A.P. Pin-517101 At present in Central Prison, as remand prisoner at Ongole of Prakasam District. Petitioner/Accused No.3 AND : The State of A.P. through Station House Officer, BN Kandriga Police Station, Chittoor District., Rep. by Public Prosecutor, High Court At Amaravathi. Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of Grounds filed in support of the Criminal Petition, the High Court may be pieased to enlarge the petitioner on bail who is Accused No.3 in C.C.No.1/2018 on the file of the Hon'ble Principal District and Sessions Judge, Chittoor, pending trial. | The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Akula Venkateswarlu Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER
HONOURABLE SMT. JUCTICE LALITHA KANNEGANTI Criminal Petition No.2889 of 2021 ORDER: .
This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-3 in connection with C.C.No.1 of 2018 on the file of the Court of the learned Principal Sessions Judge, Ongole, in relation to Crime No.56 of 2011 of B.N. Kandriga Police Station, Chittoor District,. registered for the offences punishable under Sections 120(B), 420, 406 of IPC and Section 5S of A.P Protection of Depositors (Financial Establishment) Act, 1999.
2. 'The petitioner along with others has started a non profit and non government organisation for the upliftment of weaker sections and all the accused 1 to 6, who were said to be the Trustees, appointed Pastors and individuals as agents to collect the deposits in the name of donations during the period 2010- 2011 by organising meetings. They have collected huge amounts in the name of beneficial activities for the weaker sections and allured poor people by giving wide canvass through pastors in the Churches and through agents in community meetings. They also collected amounts from the people and failed to repay the same. Basing on the complaint several cases were registered against all the accused. Petitioner is Accused No.3.
3. Earlier Cril.M.P.No.108 of 2021 was moved before the Court below and the same was dismissed by order dated Pe "9 LK, J CRLP.No.2889 of 2021 25.02.2021. The Court below had dismissed the petition inter alia observing that the presence of the petitioner could be . secured oniy through PT warrant and that she was not within the reach of the police after getting bail in earlier occasion and that in the light of the earlier categorical observations while dismissing the two applications, the prayer of the petitioner to grant bail deserves no merit.
4. - Learned counsel for the petitioner submits that several cases were registered against the petitioner and the petitioner ° ... has not committed any offence and that the petitioner has beer languishing in jail for the last nine months.
5. On the other hand, learned Special Public Prosecutor for c. LD does. not dispute the fact that the entire investigation is completed and the charge sheet i is filed.
6. It is the apprehension of the police that once the petitioner is released on bail, it would be very difficult for them to secure her presence. Taking into consideration the fact that the . petitioner is in jail for more than nine months, this Court deems it appropriate to enlarge the petitioner on bail on' certain . conditions.
7. Accordingly, the Criminal Petition is allowed.' The petitioner shall be enlarged on bail on her executing personal bond for Rs.2,00,000/- (Rupees two lakh only) with two sureties for a like sum each to the satisfaction of the Principal Sessions
- Judge, Chittoor. However, the petitioner shall appear before the Station House Officer, B.N Kandriga Police Station, Chittoor, on No 3 LK, J CRLP.No.2889 of 2021 every Tuesday and Wednesday between 10.00 A.M. and 12.00 P.M. till the trial is completed and shall co-operate with the investigation. In case the petitioner fails to comply with the conditions, the prosecution is at liberty to file appropriate application seeking cancellation of bail. Sd/-T.Madhavi "
TRUE COPyj/ ASSIS] TLREGISTRAR SECT! FICER To
1. The Principal District & Sessions Judge Court Chittoor, Chittoor District 2 © superintendent, District Jail Ongole Prakasam District
3. The Station House Officer, BN Kandriga Police Station Chittoor District
4. Two CC to Public Prosecutor, High Court of A. at Amaravati (OUT) 5 ne CC to Sri Akula Venkateswarlu, Advocate [OPU 6 N€ spare copy TVR ad HIGH COURT LKJ DATED:27/05/2021 ORDER CRLP.No.2889 of 2021 BAIL