APHC010597892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 9254/2023 Between: CHIMAKURTHY KUMARA SWAMY AND ANOTHER ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. V R MACHAVARAM The Court made the following ORDER :- A.9 & A.10 in Crime No.307 of 2023 of Ongole I Town Police Station, Prakasam District, filed the present application under Section 438 Cr.P.C. seeking pre-arrest bail. 2. The said crime was registered for the offences under Sections 420, 464, 466, 467, 468, 472 read with 34 IPC. By order, dated 18.12.2023, this Court directed the police not to take any coercive steps against the petitioners herein until further orders. 3. Case of the prosecution is that the police personnel of Ongole I Town Police Station after conducting search in the houses of A.1 to A.4, found fake sale deeds, fake title deeds, fake family member certificates and selling the properties belonging to the public, who are not residents, by creating fake family member certificates and fake 2 documents and also rubber stamps and blank stamp papers. A mediator report was drafted at the place of search in the presence of mediators and thereafter the above crime was registered. 4. Sri V.R.Machavaram, learned counsel for the petitioners contends that the petitioners are the genuine owners and they have nothing to do with the creation of fake documents by A.1 to A.4. He further contends that the petitioners along with others already filed a suit in O.S.No.669 of 2023 on the file of the Court of III Additional Junior Civil Judge, Ongole against the defendant therein seeking permanent injunction. During pendency of the said suit, they also filed I.A.No.425 of 2023 seeking an ad-interim injunction. Learned III Additional Junior Civil Judge, Ongole, after hearing both sides, granted interim injunction by order, dated 10.07.2023 until further orders and the same is still pending. As such, the petitioners have nothing to do with the fake transactions done by A.1 to A.4, is the contention of the learned counsel for the petitioners. 5. On the other hand, learned Additional Public Prosecutor did not dispute the factum of granting injunction in favour of the 1st petitioner. 6. In view of the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners/A.9 & A.10 with the following conditions :- i. The petitioners/A.9 & A.10 are directed to surrender before the Station House Officer, Ongole I Town Police Station, within a period of two (02) weeks from today and on such surrender, they shall be enlarged on bail on their furnishing personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of Station House Officer concerned; and 3 ii. The petitioners/A.9 & A.10 shall not, directly or indirectly, induce, threaten, or promise any person acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or any Investigating or Police Officer and shall cooperate with the investigating officer. 7. Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____ K.SURESH REDDY, J Dt. 07.02.2025 SAB / TSNR 4 5 THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION No.9254 OF 2023 Dt. 07.02.2025 SAB / TSNR