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Judgment
Dr Venkata Jyothirmai Pratapa, J
The instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita has been filed by the Petitioner/Accused No.1, seeking anticipatory bail in Crime No.34 of 2022 on the file of CID PS, Mangalagiri, Amaravati registered for the offences punishable under Sections 420, 403, 409 r/w 120B IPC and Section 13(2) of Prevention of Corruption Act 1988.
Heard Sri Pamarthy Rathnakar, learned counsel for the Petitioner and learned Assistant Public Prosecutor, representing the State/Respondent.
Learned counsel for the Petitioner/Accused No.1 would submit that the Petitioner is the guarantor for the loan obtained by the borrowers, they have mortgaged their own properties. He further submits that the petitioner/Accused No.1 is no way concern with the alleged fraud committed by the lessors of the fish tanks. The Crime is of the year 2022. Most of the investigation might have been completed by this time. Petitioner is ready to furnish sureties to the satisfaction of the Court. Learned counsel prays to release the Petitioner on anticipatory bail.
Learned Assistant Public Prosecutor would submit that the investigation regarding the petitioner is completed and Court may pass appropriate Orders.
Considering the submissions made, upon perusal of the material on record, and taking into account the facts and circumstances of the case, there is no flight risk for the petitioner and investigation regarding the petitioner is completed, this Court is inclined to grant pre-arrest bail to the petitioner/Accused No.1.
In the result, the Criminal Petition is allowed with the following conditions:
i. Petitioner/ Accused No.1 shall surrender before the concerned Magistrate Court within two weeks from this day and execute a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the concerned Court for his release;
ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, twice in a week i.e., on every Wednesday and Saturday, between 10:00 AM and 05:00 PM, till filing of charge sheet.
iii. The Petitioner/Accused No.1 shall make himself available for investigation and shall cooperate with the investigating officer for further investigation;
iv. The Petitioner/ Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses;
v. The Petitioner/ Accused No.1 shall not leave the limits of Andhra Pradesh State without the express permission from the concerned Court.
vi. The Petitioner/ Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Court concerned.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
