THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.11835 OF 2011 ORDER: This petition is filed by the petitioner/accused No.1 to grant anticipatory bail in Crime No.367 of 2011 of Ibrahimpatnam Police Station. 2. A private complaint is ﬁled on the ground that when the petitioner worked as an employee of the Company he has misappropriated nearly a sum of Rs.45,00,000/- in collusion with the 2nd accused and the said complaint was referred to the police, on which a case was registered for the oﬀences under Sections 420, 408, 477(A) and 109 read with 34 of the Indian Penal Code. 3. The claim of the learned counsel for the petitioner is that the petitioner got issued a legal notice on 13.10.2011 to the eﬀect that he was already on medical leave and his leave may be granted and he may be relieved. He also further claimed that the petitioner was attacked with Paralysis and Diabetic. On the other hand, Sri Y.Radha Krishna, Advocate, representing the complainant, opposes the anticipatory bail application on the ground that the legal notice issued by the petitioner is an after thought after the private complaint is ﬁled and huge money is involved and misappropriated by the petitioner. The claim of anticipatory bail on medical grounds according to him is not valid. 4. From the facts and material available on record, the factum of the petitioner being employed is not in dispute. Though the collection is disputed, it has to be investigated by the police. The question is as to whether amounts have been remitted or not and it has to be investigated by the police and therefore, in view of the above circumstances, it is not a case where anticipatory bail is to be granted to the petitioner. Therefore, at this stage it is not a case for grant of anticipatory bail and there are absolutely no merits in the petition. Accordingly, the Criminal Petition is dismissed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:01-12-2011 INL