Telangana HC grants anticipatory bail to YSRC MP Avinash Reddy in Ex-Minister murder case
Hyderabad: Telangana High Court on Wednesday granted anticipatory bail to ruling YSRC MP YS Avinash Reddy in connection with the murder of a former minister, who is a relative of the accused. The court also directed Avinash Reddy not to leave the country without prior permission of the CBI, till the investigation was complete.
"The petitioner shall cooperate with the investigation and shall appear before the CBI Police on every Saturday from 10 am to 5 pm., till the end of June, 2023 and shall regularly appear as and when he is required for investigation," Justice M Laxman said in his order.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister YS Jagan Mohan Reddy is under the CBI scanner following the murder of Vivekananda Reddy in March 2019.
Y S Vivekananda Reddy is the uncle of the accused.
Avinash Reddy was asked to appear before CBI for questioning on May 19. However, he did not appear citing his mother's illness and treatment at a hospital as a reason. The investigating agency issued another notice to him asking to come before it on May 22.
Avinash Reddy has appeared before the CBI at least five times this year.
He had subsequently moved the Telangana High Court with the anticipatory bail petition.
Vivekananda Reddy, one of the brothers of the late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy, was found murdered at his residence in Pulivendula in Kadapa district, on the night of March 15, 2019, weeks before the Assembly elections in the State.
The case was initially probed by a special investigation team (SIT) of the state crime investigation department, but was handed over to the CBI in July 2020.
The CBI filed a charge sheet in the murder case on October 26, 2021 and followed it up with a supplementary charge sheet on January 31, 2022.
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Court can reject anticipatory bail but cannot direct accused to surrender: SC
New Delhi (PTI): A court can reject anticipatory bail of an accused but it has no jurisdiction to direct him to surrender before the trial court, the Supreme Court has said.
A bench of Justices J B Pardiwala and Ujjal Bhuyan made the observation while hearing a plea filed by a man accused of cheating and forgery.
"If the court wants to reject the anticipatory bail, it may do so, but the court has no jurisdiction to say that the petitioner should now surrender," the bench said.
The Jharkhand High Court had rejected anticipatory bail plea of the accused and asked him to surrender and seek regular bail.
In this case, a complaint had been filed before a magistrate alleging offences under Sections 323 (voluntarily causing hurt), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged document) and 120B read with 34 of the IPC, in connection with a land dispute.
The high court had dismissed the second anticipatory bail application of the accused on the ground that no new circumstances were shown.
It had relied on its earlier order rejecting his first anticipatory bail plea, in which the court directed the petitioner to surrender before the trial court and seek regular bail in terms of the decision in Satender Kumar Antil v. CBI.
The top court said such a direction was wholly without jurisdiction and said that if a court chooses to reject anticipatory bail, it may do so, but it cannot compel the accused to surrender.
