Legal opinion
LOURDU REDDY
(Querist) 31 March 2017
This query is : Resolved
Good morning to all
I am a state government Officer,working
as Divisional Accounts Officer (works) in Telangana state. A criminal case under Sec.
409 was booked up on me along with other 13 members for misappropriation of government mony. I was kept as A5 in that case. A1,A2 were arrested by civil police and remanded for a period around 30 days and subsequently released on bail. Further the case was transferred to CBCID of Telangana State.The CID has conducted enquiry and presented remand dairy duly making other 12 persons as accused under the same section 409.while submitting remand dairy the CID arrested A3,A4 and the were also released on bail after 15 days.Now my turn has Come! In fact I am not at all connected with the case of misappropriation. Because that duty was entrusted to office Superintendent through the government order. I have not signed on any paper or document pertaining to that case
But the CID has made A5 in the case but for my incumbency in that office. I filled Anticipatory bail petition before the district Court, High Court based on the strong merits. But I could not get relief. Then I filled SLP in Suprim Court.But unfortunately I couldn't get any relief there also. SC passed an order "If the petitioner surrenders before the trail court and apply bail,his bail petition shall be disposed as expeditiously as possible! I disappointed with Indian judicature! Though there is no my involvement in the case why I couldn't get relief from arrest! I have completed 37 years of service without any remark!. Now I forced to undergo remand! Is it justice? Dear sirs if the Indian judicature is like this how and where a common man should go for human rights!
kindly give me suggestion! Should I go invariably for remand? If the remand exceeds 48 hours I will be suspended as per CCA Rules! what I have to do now .I spent entire my bak balance! for those unsuccessful bail petitions. Expecting a hopeful suggestion from experts as soon as possible sir!
As I have to surrender on 3rd of this month if there is no other way!
LOURDU REDDY
lr_vemireddy@yahoo.com
adv. rajeev ( rajoo )
(Expert) 04 April 2017
Now you cannot do anything. As per the supreme court order you surrender before the court and apply for the bail along with the supreme court order. Except this there is no other way to you.
T. Kalaiselvan, Advocate
(Expert) 06 April 2017
I disappointed with Indian judicature! Though there is no my involvement in the case why I couldn't get relief from arres
The above contents are wrong and does not looks good from your mouth especially from an officer of the Government of India.
First honor the country by honoring the law of the land, what do you mean by disappointed by the Indian judicature?
Are you not an Indian?
By virtue of your job you have been given the present status, such hurdles have to be faced and you can approach court as per the direction by supreme court for bail, why are you so adamant to not to follow the supreme court directions especially when you have approached the apex court seeking releif?
If you do not obey the law of the land then you will be branded as a person who is not willing to abide by the law and you will be sown what law is and how you will be made to obey it.
Dont let out words due to frustration, it will hamper your own case and you will land in more trouble.
Better surrender and move a bail application the same day and get enlarged on bail the same moment because the courts granting bail would be lenient and liberal if you convince the reasons and genuineness while arguing on the bail plea application.
