CRLP/9429/2023 of CHUNDURU SIVA SURYA VENKATA SRINIVAS Vs THE STATE on 29 December 2023

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

Between :

CRIMINAL PETITION No.9429 of 2023

Chunduru Siva Surya Venkata Srinivas S/o Sri Chunduru Mallayya Panthulu, aged about 47 years, Occ: Business, residing at H.No.6-133/4, Sampath Nagar, Pollocks School Road, Chandrampalem, Vishakhpatnam – 530 049.

… Petitioner/A.21

Versus

The State of Andhra Pradesh rep. by its Inspector of Police, CID, R.O., Visakhapatnam through rep. by its Special Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati.

… Respondent

Counsel for the petitioner : Smt.M.V.Santha Kumari Counsel for respondent : Smt.Y.L.Siva Kalpana Reddy, Standing Counsel – cum Special Public Prosecutor for CID

// O R D E R //

This Criminal Petition under Section 438 of Code of Criminal Procedure, 1973 (‘CrPC’), has been filed by the petitioner/A.21, praying to enlarge him on bail, in the event of his arrest, in C.C.No.31 of 2023 in Crime No.275 of 2022 of M.V.P Police Station, Visakhapatnam City, registered against the petitioner herein and others, for the offence punishable under Sections 120-B, 406, 408, 409, 420, 477-A read with 34 of Indian Penal Code, Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 and Section 38 of A.P. MACS Act, 1995.

2. Case of the prosecution, in brief, is that on 15.05.2022 at 22.00 hours the defacto complainant and six others have lodged a complaint against the accused stating that Jayalakshmi co-operative society and its management collected amounts as deposits and they lured cash from the deposits with dishonest intention and fraudulent manner with their deceitful words, promising higher interest rates upon maturity and failed to pay the amount on maturity and they embezzled the deposited amount and absconded.

3. Heard Sri M.Nagha Raghu, learned counsel representing Smt.M.V.Santha Kumari, learned counsel for the petitioner and Smt.Y.L.Siva Kalapana Reddy, learned Standing Counsel – cum – Special Public Prosecutor for CID.

4. Perused the record.

5. As seen from the charge sheet, the petitioner/A.21 was shown as absconding.

6. Learned counsel for the petitioner would submit that investigation was completed and charge sheet was filed. The charge sheet was numbered as C.C.No.31 of 2023 on the file of Metropolitan Sessions Judge, Visakhapatnam. He would also submit that the petitioner is innocent. If the petitioner commits default in repaying the loan amount, the authorities have to follow the procedure contemplated under the A.P.co-operative societies Act and the Rules made there under and he prays for grant of pre-arrest bail to the petitioner.

7. Learned Special Public Prosecutor would submit that since the petitioner absconded, Non-bailable warrant was issued against the petitioner/A.21. Further submitted that petitioner did not cooperate with the investigating agency and opposed to grant bail to the petitioner. She further placed reliance on the decision of Honourable Aped Court reported in Sanatan Pandey Vs. State of Uttar Pradesh and another[1], wherein it is observed as follows :

“… From the aforesaid, it is found that there is prima facie case found against the petitioner for the aforesaid offences and even the charge sheet has been filed and the petitioner is found to be absconding. Therefore, this is not a fit case to grant anticipatory bail to the petitioner. The Court shall not come to the rescue or help the accused who is not cooperating with the investigating agency and absconding…”

1 SLP (Criminal) No.7358 of 2021

8. During the course of hearing, learned special PP would submit that the Non-bailable warrant issued against accused No.22 in C.C.No.31 of 2023 on the file of the Court of Principal District & Sessions Judge, Visakhapatnam, in the similar set of facts of the case, was recalled. Learned counsel for the petitioner would submit that petitioner may be permitted to move application to recall the warrant.

9. In view of the request made by the learned counsel for the petitioner, without going into the merits of the matter, the above bail application is closed giving liberty to petitioner/accused 30 to approach the trial Court and move an application under Section 70(2) of Cr.P.C. to recall warrant.

10. Accordingly, the Criminal Petition is closed.

___________________

SUBBA REDDY SATTI, J

Date: 29.12.2023

SAB

SAB

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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Criminal Petition No.9429 OF 2023

Dt. 29.12.2023