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2020 DIGILAW 84 (TS)

S. Chandra Shekar v. State of Telangana

2020-01-23

G.SRI DEVI

body2020
ORDER : G. Sri Devi, J. 1. This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner/accused, seeking anticipatory bail in Crime No. 535 of 2019 on the file of the S.H.O., Neredmet Police Station, Rachakonda District, registered for the offences punishable under Sections 419, 420 and 468 IPC. 2. Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for respondent-State. 3. The case of the prosecution is that on 24.01.2019, the petitioner forged the General Power of Attorney to K. Ram Mohan Reddy, for a property bearing plot No. 13, admeasuring 593 sq. yards in Sy. No. 156, 157, 158, 159, 160, 161, 162, 171, 176 and 177/a situated in Suraram village, Medchal, Malkajgiri, and created the document vide document No. 17/IV/2019. When the complainant verified the document, he found that the principal was already expired long back and the same name S. Chandra Sekhar, whose surname 'S' is same and name also, but his father's name was different from the original principal's father's name i.e., late Srinivasan and fake principal's father's name is late N. Sesha Iyer and the fake person was also tallied with the Aadhar card. 4. Learned counsel for the petitioner submits that the petitioner has taken loan and repaid the loan amount to the bank and the bank has received the payment from him and released the title deeds. He further submits that the petitioner has been falsely implicated in the present case and the police registered the case basing on the earlier complaint given by the de facto complainant. GPA was executed in the Sub Registrar office by S. Chandra Sekhar for the property bearing plot No. 13, situated at Suraram village, Medchal, Malkajgiri. He further submits that the plot owner S. Chandra Sekhar is very much alive and he personally executed the GPA and he mortgaged the property with the bank subsequently and paid the amount. The bank has also given a clearance letter to him personally and the GPA transaction is clear and genuine. He further submits that the contents of FIR is totally false and created to harass the petitioner. He further submits that the petitioner hails from respectable family and he is ready to abide by the conditions imposed by this Court and he is ready to furnish sufficient sureties, if he is enlarged on bail. 5. He further submits that the contents of FIR is totally false and created to harass the petitioner. He further submits that the petitioner hails from respectable family and he is ready to abide by the conditions imposed by this Court and he is ready to furnish sufficient sureties, if he is enlarged on bail. 5. On the other hand, the learned Additional Public Prosecutor representing the State vehemently opposed the bail application, but conceded the fact that other accused have already been released on bail and the petitioner may be released on bail by imposing strict conditions and he may be directed to be present before the Investigating Officer 6. Thus, looking into the nature of allegations made against the petitioner and also keeping in view the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner by imposing some conditions. 7. Accordingly, the Criminal Petition is allowed and the petitioner/accused is directed to be released on bail in the event of his arrest in connection with Crime No. 535 of 2019 of Neredmet Police Station, Rachakond District, on his executing a personal bond for RS. 25,000/- (Rupees twenty five thousand only) with two local sureties for a like sum each to the satisfaction of the said station House Officer and subject to the condition that the petitioner/accused would cooperate with the investigation Agency and would report before the above Police Station, on every alternate day between 10-00 a.m. and 5-00 p.m. till filing of charge sheet. Further, the petitioner shall not tamper with the prosecution witnesses. The petitioner is further directed to furnish all the relevant documents before the Investigating Officer to ascertain the fact that who is the actual owner of the subject property. Miscellaneous petitions, if any pending, shall stand closed.