IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE : PRESENT: THE HON’BLE DR. JUSTICE: G. YETHIRAJULU CRIMINAL PETITION No. 65 of 2009 Between: Gokaraju Satyanarayana Raju S/o. G. Ramaraju. Petitioner (Accused No.7 in Crime No. 575 of 2003 of P.S. CCS (South Zone) D.D.,Hyderabad ) And The State of A.P. rep.by its Public Prosecutor, High Court of A.P.,Hyderabad. .. Respondent (Complainant in do) COUNSEL FOR PETITIONER : SRI K. SURESH REDDY COUNSEL FOR RESPONDENT : PUBLIC PROSECUTOR Petition under Section 437 and 439 of Crl. P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to release the petitioner on bail pending enquiry and trial arising out of Crime No. 575 of 2003 of P.S.,m C.C.S. (South Zone) D.D., Hyderabad. The Court made the following : ORDER : Contd… ORDER: The petitioner is A7 in Crime No. 575 of 2003 of C.C.S., D.D., Hyderabad, registered for the offences under Section 406, 420 IPC and Section 5 of the Andhra Pradesh Protection of depositors of Financial Establishments Act. The petitioner was impleaded as an accused on 15-12-2008 on the ground that he was also one of the Directors of the Company. The learned counsel for the petitioners submit that the M/s. Nagarjuna Finance Limited stopped receiving deposits from the customers w.e.f. 2-1-1998 and the petitioner joined as a President of Vijayalakshmi Insecticides and Pesticides Limited of Nagarjuna Finance Limited on 1-2-1998 and it was merged with Nagarjuna Finance Company w.e.f. 21-3-1998. He became the Additional Director of the Company on 6-4-1998 and became the Joint Director on 2-5-1998 and he resigned to the said post on 1-9-2000 when the deposits got matured in 2002 and when the Company failed to repay the amounts, the complaints were filed and the crimes were registered against the Management of the Company after his resignation the Company was taken over by Mahalakshmi Factoring Services Limited on 13-9- 2000. Therefore, the learned counsel for the petitioner submits that the petitioner has no role in any of the transactions of receiving the deposits and failing to repay the matured amounts. He further submits that A2 and A8, who are said to be the prime accused, were also enlarged on bail by this Court on 7-1-2009. The narration of the facts is not denied by the learned Public Prosecutors and in the light of the above circumstances, it can be prima facie said that the petitioner has not played any role in the alleged commission of offences. Therefore, the learned counsel for the petitioner requested to release the petitioner on bail. The petitioner was arrested on 3-01-2009 and he is in jail since then. Contd.. -3- In the light of the facts and circumstances of the case, the petition is allowed and the petitiner-A7 is enlarged on bail, on his executing a personal bond for Rs. 10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, Hyderabad. The petitioner shall make himself available for interrogation as and when required by the police concerned. Sd/-M. SURYANARAYANA MURTHY ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Metropolitan Sessions Judge, Hyderabad. 2. The XII Addl. Chief Metropolitan Magistrate, Hyderabad. 3. The Station House Officer, CCS (South Zone) D.D.,Hyderabad. 4. The Superintendent, Central Prison, Chanchalguda, Hyderabad. 5. 2 CCs to the Public Prosecutor, High Court of A.P.Hyderabad. (O.U.T.) 6. One C.C.to Sri K. Suresh Reddy Advocate. (OPUC) 7. One spare copy. Note: The date “ 1-2-2008” and the words “ Nagarjuna Fertilizers Limited” mentioned in the order dated 27-01-2009 in Crl.P.No. 65 of 2009 is corrected as date 1-2-1998 and the words “ Mahalakshmi Factoring Services Limited.” As per the order of the court dated 30-01-2009 in Crl.M.P.No. 453 of 2009 in Crl.P.No. 65 of 2009. Substitute this amended order in place of previous order which was already dispatched on 27-01-2009 in Crl.P.No. 65 of 2009. Sd/-M. SURYANARAYANA MURTHY ASSISTANT REGISTRAR HIGH COURT DR.GYR.J DATED :27 -01-2009 30-01-2009 AMENDED ORDER Crl. P. No. 65 of 2009 BAIL Bsr Dt. 27-1-2009 HIGH COURT DR.GYR.J DATED :27 -01-2009 ORDER Crl. P. No. 65 of 2009 BAIL