R.Sunil, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.8367 of 2013 ORDER:

This criminal petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to grant prearrest bail to the petitioners/A.1 and A.2 apprehending their arrest in connection with Crime No.46 of 2013 of Kurnool I town Police Station, Kurnool District, registered for the offence punishable under Section 420 of the Indian Penal Code, 1860 (for short, 'I.P.C.'). This court passed an interim order dated 14.08.2013 directing the police not to arrest the petitioners. Since then the matter is pending before this court for one reason or the other. By this time, the entire investigation is over.

None appeared for the petitioners.

In PARVINDERJIT SINGH AND ANR. V. STATE (U.T. CHANDIGARH) AND ANR.1 the Apex Court held that an interim order restraining arrest, if passed while dealing with an application under Section 438 of the Code will amount to interference in the investigation.

Despite the judgment of the Apex Court, this Court passed such an interim order, though the arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without 1 2008 (11) SC 560

MSM, J CRLP_8367_2013 - 2 - hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance to maintain law and order in the locality.

In view of the law laid down by the Apex Court in PARVINDERJIT SINGH AND ANR. V. STATE (U.T. CHANDIGARH) AND ANR. (1supra), the interim order dated 14.08.2013 passed by this Court in the criminal petition is hereby vacated, while dismissing the criminal petition as infructuous.

__________________________________ M.SATYANARAYANA MURTHY, J 24.03.2017 BV