Andhra Pradesh High Court - Amravati
Venu Velishala vs The State Of Andhra Pradesh on 4 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 371 OF 2021 Between: Venu Velishala, S/o. Venkatachari, aged 29 years, Occ.Postal Assitant, Attili Post Office, R/O D.No.8-48 Bodarai Bazar, Kodada Town, Nalgonda District, Telangana State. - ...Petitioner AND The State of Andhra Pradesh, Station House Officer, Peravali Police Station, Peravail, West Godavari District Rep.by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to release the Petitioner on bail in the event of his arrest in FIR No. 245/2020 dt.28-10- 2020 on the file of the Station House Officer, Peravali Police Station, Peravali, West Godavari District, Andhra Pradesh. 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 K Chidambaram, Advocate for the Petitioner and of prublic Prosecutor for the Respondent, the Court made the following. ORDER
} ) THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 371 OF 2021 ORDER:-
This petition is filed under Section 438 of the Code of Criminai 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.245 of 2020 of the Station House Officer, Peravali Police Station, Peravali, West Godavari District, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code, 1860.
2. The case of the prosecution is that on 28.10.2020, a complaint was lodged by Assistant Superintendent of Post Offices, Tanuku Sub Division stating that the petitioner while working as Sub Post Master, Khandavalli Sub Post Office on deputation from 23.07.2020 to 08.08.2020 has misappropriated an amount of Rs.1,93,000/-. The irregularity was noticed by one Y.Venkatarao, SPM, Khandavalli SO who took charge from the petitioner on 10.08.2020 and the same was reported to higher authorities and they conducted enquiry and found misappropriation of amount by the petitioner. It is also stated in the complaint that the misappropriated amount of Rs.1,93,000/- along with penal interest was credited by the petitioner ie. Rs.2,00,000/- on 26.08.2020 at Tanuku Head Post Office. As such, the entire misappropriated amount is recovered from the petitioner.
3, Heard Sri K.Chidambaram, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- i State. isons DakonNo
4. Learned counsel for the petitioner submits that the entire e amount is recovered and even if the petitioner is enlarged on bail, the police cannot have any apprehension because he is not working in the said Post Office and the entire material has been recovered by the police and it is with the police.
5. Learned Additional Public Prosecutor on the other hand submits that the investigation is in progress and the petitioner being the employee of Postal Department has misappropriated the amount of Rs.1,93,000/-, as such he is not entitled for pre arrest bail.
6. Taking into consideration the fact that the entire misappropriated amount has been recovered from the petitioner and the petitioner is not working in the said station, this Court deems it appropriate to grant pre arrest bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be released on bail in the event of her arrest in connection with Crime No. 245 of 2020 of Peravali Police Station, Peravali, West Godavari District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Peravali Police Station.
Consequently, miscellaneous applications pending, if any, shall stand closed.
L Sd/-K.TataRao "
| ASSISTANT REGISTRAR TRUE COPY!/ The IV Addl. District & Sessions Judge, Tanuku, West Godavari District.
The Station House Officer, Peravali Police Station, Peravail, West Godavari Dist. One CC to Sri. K Chidambaram, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
LK,J DATED:04/02/2021 ORDER CRLP.No.371 of 2021 DIRECTION