SYED INAYATHULLAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A.1 in the event of his arrest in connection with Crime No.109 of 2021 of Central Crime Station, WCO Team- V, Hyderabad, registered for the offences punishable under Ss. 406, 420 read with Sec. 34 IPC.

(2.) The case of prosecution is that the de facto complainant lodged a complaint stating that in September, 2020, he came into contact with A1 through his friend Ibrahim and that A1 has introduced himself as Doctor in Virinchi Hospital and running a clinic at Narayanaguda. In January, 2021, A1 has requested the de-facto complainant to provide a sum of Rs.45,00,000.00 and assured to repay the same with good interest on or before 1/3/2021, and on believing his words, he paid an amount of Rs.25,00,000.00 on 16/1/2021 and Rs.20,00,000.00 on 21/1/2021 by procuring the said amounts from his friends. But, on completion of the said period, A1 and his father/A2 dodged the matter and on several requests, A1 has issued a cheque for a sum of Rs.10,00,000.00, but the same was bounced on its presentation before the Bank, thereby cheated him.

(3.) Learned Counsel for the petitioner Mr.Rajender Khanna, submits that earlier in Crl.P.No.8721 of 2021 filed by petitioner for pre-arrest bail, this Court has directed the police concerned to follow the procedure under Sec. 41-A Cr.P.C., and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Learned counsel submits that after disposal of the said petition, petitioner was issued notice under Sec. 41-A Cr.P.C., and he has appeared before the police on two occasions, and whenever he appeared before them, there was no receipt of acknowledgment from the police and he was constrained to sent all the relevant material to the Director General of Police as well as Commissioner of Police. He further submits that in all the cases where notice under Sec. 41-A Cr.P.C., was issued, the police are not issuing any acknowledgment and some times, they are coming up saying that the accused is not cooperating with the investigation and taking steps to arrest the accused, and hence, the petitioner's case may be considered for grant of pre-arrest bail.