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Judgment
B V L N Chakravarthi, J
1) Heard Sri. Golllamudi Naga Satyanarayana, learned Counsel for the Petitioner/Accused and Sri. V. Farook, Assistant Government Pleader assisting the Public Prosecutor for the State.
2) This is an appplication filed under Section 438 of Code of Criminal Procedure, 1973 [‘Cr.P.C.’], seeking for grant of anticipatory bail to the Petitioner/AAccused, in the event of his arrest.
3) The Station House Officer, Gudemkothaveedi (G.K.Veedhi) Police Station, Alluri Sitharama Raju District, registered First Information Report in Crime No. 7 of 2024, for the offences punishable under Sections 409, 403, 420 of Indian Penal Code, 1860 [‘I.P.C.’], and Section 7(1) of the Essential Commodities Act, 1955 [‘E.C.A.’], against the Petitioner, on the allegation that the Petitioner illegally diverted the essential commodities worth of Rs.50.00 lakhs and odd supplied to government hostel, in that area.
4) The learned Counsel for the Petitioner/Accused would submit that, as per order’s of the hon’ble Principal District and Sessions Judge, Visakhapatnam, in Crl. M.P. No. 887 of 2024, dated 18.04.2024, the Petitioner/Accused was given interim protection on 20.04.2024 and 21.04.2024 with a direction to attend before the investigating officer on those two days and his statement shall be videographed by the Police and, accordingly, the Petitioner appeared before the Station House Officer, Gudemkothaveedi (G.K.Veedhi) Police Station, on those two days and Police recorded his statement and it was also videographed.
5) Per contra, Assistant Government Pleader would submit that, investigation, in this case, is not yet completed and some more witnesses have to be examined. But, on instructions he states that the Petitioner/Accused appeared before the Station House Officer, Gudemkothaveedi (G.K.Veedhi) Police Station, on the above two days, as ordered by the hon’ble District and Sessions Judge and cooperated with the Police.
6) Considering the above facts and circumstances, this Court is of the opinion that the Petitioner/Accused can be enlarged on anticipatory bail on the following conditions:
(i) The Station House Officer, Gudemkothaveedi (G.K.Veedhi) Police Station, is directed to release the Petitioner/Accused on bail, in the event of his arrest, in Crime No. 7 of 2024, for the offences punishable under Sections 409, 403, 420 of I.P.C. and Section 7(1) of the [‘E.C.A.’], on his executing personal 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, Gudemkothaveedi (G.K.Veedhi) Police Station.
(ii) It is needless to mention that, the Petitioner/Accused shall cooperate with the Station House Officer, Gudemkothaveedi (G.K.Veedhi) Police Station, during further investigation of the case and he shall not tamper with the evidence in-any-manner.
(iii) If the Petitioner violates any of the above conditions, the Police are at liberty to seek cancellation of the Petitioner’s bail.
7) With the above directions, the Criminal Petition is allowed.
8) As a sequel, pending applications, if any, shall stand closed.