HYDERABAD: The Telangana High Court has made it clear that an accused cannot seek anticipatory bail with an apprehension that he might be arrested in the case registered against him by the police. To maintain an anticipatory bail petition, the accused should show that he has ‘reason to believe’ that he might be arrested in a non-bailable offence, the court noted.
Justice PV Sanjay Kumar made these observations while dismissing a petition filed by Abdul Kavi, a driver in TSRTC, and his son seeking to grant anticipatory bail in a case registered against them at Chaderghat police station based on a complaint by their relative Syed Mahboob.
As for the case details, the petitioners-accused approached Syed in June 2017 and persuaded him to part with a sum of Rs 5 lakh promising to re-pay Rs 12,500 per month. Syed raised a sum of Rs 4.15 lakh by pledging gold articles and adjusted the balance Rs 85,000 by other means and gave the total amount to the petitioners. They promised amount was paid only for three months and the petitioners have stopped making re-payment and started dodging him. When his efforts to get the matter settled failed, he approached police.
Police registered a case against the accused and issued notices. Aggrieved with this, the accused moved the HC seeking anticipatory bail.