Avula Anil Kumar v. The State Of A.P

SMT JUSTICE T. RAJANI CRIMINAL PETITION No.1218 of 2018 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C., to grant anticipatory bail to the petitioner, who is A3 in Crime No.4 of 2018 of Sullurupeta Police Station, S.P.S.R.Nellore District, registered for the offences punishable under Sections 379, 420, 468, 471 IPC and under Section 21(4) of MMDAR Act and under Section 3 of PDPP Act.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The counsel for petitioner submits that the petitioner, being a Journalist, has reported earlier about the illegal transportation of sand and bearing that in mind and on the ground that A1 made confession impleading the petitioner, this case was foisted against the petitioner.

4.

There is no basis for the submission of the counsel for petitioner, since the confessional statement of A1 shows that the petitioner was actively involved in transportation of sand illegally. 5.

The Public Prosecutor submits that the investigation is at initial stage and that the role of the accused has to be ascertained by further investigation.

6.

In view of the above, this Court opined that this is not a fit case to grant anticipatory bail to the petitioner.

7.

Hence, the Criminal Petition is dismissed. However, the police are directed to issue notice under Section 41-A of Cr.P.C., to the petitioner/A3 before arresting him. Miscellaneous applications, if any, pending in this petition shall stand dismissed. __________ T. RAJANI, J 16th February, 2018 sj