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High CourtsSingle Bench(2023) 07 AP CK 0013

Koduru Surehs Kumar Reddy & Others vs Tate Represented By The Public Prosecutor

Andhra Pradesh High Court · Decided on 21 July 2023

HON’BLE JUDGES
K. Suresh Reddy, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 4437 Of 2023

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Judgment

7 paragraphs · 379 words

K. Suresh Reddy, J

1.

Accused Nos.A.5, A.6, A.13 and A.14 in Cr.No.RC0362023A0005 of 2023 of ACB Police Station, Vishakapatnam (in RC.5(A)/2020 of CBI-ACB-VSP), filed the present criminal petition under Section 438 of Criminal Procedure Code, 1973, seeking to grant anticipatory bail to them. The above crime was registered for the offences punishable under Sections 13(2) read with (13)(1)(a) of Prevention of Corruption Act, 1988 (As amended in 2018), read with Sections 120-B, 420, 419, 467, 468 and 471 of IPC.

3.

Case of the prosecution in brief is that, Accused Nos.1 to 3 availed loan of Rs.2.00 crores each in the year 2018 from State Bank of India, Regional Business Office-3, Nellore, by submitting four title deeds and lease agreements and also created mortgage of immoveable property of one Smt. R. Indiramma, as collateral security, who died on 15.05.2018 by impersonation. Initially, on the report given by the Regional Manager, State Bank of India, Nellore, the case was registered against Accused Nos.1 to 3 only. During the course of investigation, the ACB officials secured material showing that Accused Nos.1 to 3 transferred certain amounts into the accounts of the petitioners/A.5, A.6, A.13 & A.14. On the basis of the same, the respondent-police are trying to arrest the petitioners and hence, they filed the present application seeking anticipatory bail.

4.

Learned Assistant Solicitor General, who is appearing on behalf of the CBI, on instructions, states that the respondent-CBI police have only issued notice under Section 41-A Cr.P.C., to the petitioners, but in spite of the same, the petitioners are not cooperating with them.

5.

Learned counsel for the petitioners submits that the petitioners are ready to appear before the Investigating Officer on the date fixed for their appearance on issuing a fresh notice under Section 41-A Cr.P.C., by giving one week time.

6.

In that view of the matter, the respondent-CBI Police is directed to issue fresh notice to the petitioners/A.5, A.6, A.13 & A.14, under Section 41-A Cr.P.C., by giving one week time for their appearance. If the petitioners do not cooperate with the Investigating Officer after receiving the notice under Section 41-A of Cr.P.C., the Investigating Officer is at liberty to take coercive steps against them.

7.

With the above direction, the criminal petition is disposed of.