Andhra Pradesh High Court - Amravati
P.Prema Raju vs The State Of Andhra Pradesh on 4 November, 2020
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FOURTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3683 OF 2020 Between: = P.Prema Raju, S/o.Sri P.Krishna Rao, Hindu, aged 28 years, Occ: S.I. of Police R/o.Gadevarigudem (V), Gampalagudem Mandal, Krishna District, AP .-.Petitioner/A-1 AND The State of Andhra Pradesh, Station House Officer, T.Narsapuram Police Station, T.Narsapuram, West Godavari District, Rep.by public prosecutor, High Court, Amaravathi. .. Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed herein Criminal Petition, the High Court may be pleased to release the petitioner/A-1 on bail in the event of his arrest in FIR No.279/2020 Dt.01-09- 2020 on the file of the Station House Officer, T.Narsapuram Police Station, T.Narsapuram, West Godavari District, Andhra Pradesh. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K.Chidambaram, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3683 of 2020 ORDER:-
This petition is filed under- Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner/Al on bail in the event of his arrest in connection with Crime No. 279 of 2020 of T.Narsapuram Police Station, West Godavari District, Andhra Pradesh registered for the offences punishable under Sections 403, 409, 379, 201 r/w 120 B of the Indian Penal Code, 1860 and Sections 34(a), 51(1)(a)(i) of the Andhra Pradesh Excise Act, 1968 (for short 'Excise Act').
2. Basing on a complaint given by Circle Inspector of Police, Chintalapudi Circle, West Godavari District stating that on 01.09.2020, he visited T.Narsapuram Police Station and verified the cases registered under Excise Act, in the years 2019 and 2020 in T.Narasapuram Police Station and compared with the seized case property. On verification it was found that the seized case property available in the police station in respect of 3 cases of 2019 and 16 cases of 2020 is not tallying with the case property seized as per C.D. files. It is also alleged in the complaint that the petitioner herein who registered the above referred cases and seized the property and Station Writer/H.C. 276 P.Maheshwara Rao who is custodian of the property together conspired and misappropriated 407 liquor bottles of various brands worth about Rs.70,635/-. Basing on the said complaint the present crime is registered.
3. Heard Sri K.Chidambaram, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner was selected as Sub-Inspector of Police in the year 2017 and after completion of training, he was posted at T.Narsapuram Police Station in the year 2019. Since then he has been discharging his duties to the satisfaction of one and all without any complaint. While so, the petitioner was surrendered to V.R. on 02.06.2020 on administrative grounds and he took charge on 04.06.2020. The then Sub-Inspector of Police, T.Narsapuram Police Station has prepared case property list consisting of 200 cases and requested the petitioner to sign on the report prepared by him for handing over the said property to him. The petitioner signed on the said report on 22.06.2020. Learned counsel further submits that if at all there is any misappropriation of the seized property as alleged, the writer of the Station, who is the custodian of the case property seized, is responsible for the alleged offence and the petitioner cannot be made liable for the same.
5. Learned Public Prosecutor submits that both the petitioner and writer of the station conspired together and misappropriated the seized property.
6. Having considered the submissions of either side, as the petitioner is not working in the station and all the documents are in the custody of the Police, there cannot be any apprehension of tampering with the evidence or influencing the witnesses, this Court feels that it is a fit case to grant bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. 'The petitioner/A1 shall be released on bail in the event of his arrest in a To, M Zn won connection with Crime No. 279 of 2020 of T.Narsapuram Police Station, West Godavari District, Andhra Pradesh on condition of executing self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a likesum each to the satisfaction of the Station House Officer, T.Narsapuram Police Station, T.Narsapuram, West Godavari District, Andhra Pradesh.
Consequently, miscellaneous applications pending, if any, shall stand closed.
| 'Sd/- M. SURYANADHA REDDY ITTRUE COPY// ' as For ASSISTANT REGISTRAR The Station House Officer, T.Narsapuram Police Station, T.Narsapuram, West Godavari District One CC to Sri. K.Chidambaram, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] \ One spare copy HIGH COURT LK,J DATED:04/11/2020 ORDER CRLP.No.3683 of 2020 DIRECTION