Shaik Raziya v. The State Of A.P.

SMT. JUSTI CE T.RAJANI CRI MI NAL PETI TI ON No. 2 1 1 9 OF 2 0 1 8 ORDER:

This petition is filed, under Section 438 of the Code of Criminal Procedure, 1973, seeking for grant of anticipatory bail to the petitioners-accused Nos. 2 and 4 in crime No. 176 of 2017 of Chirala II Town Police Station, Prakasham District. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor (A.P.).

3.

The case of the prosecution is that these petitioners, along with other accused, performed the marriage of the victim girl, who was only aged 17 years. Hence, the contention of learned counsel for the petitioners that accused Nos. 1 and 3 are granted bail and that the petitioners are only termed to be abettors, cannot be considered. Abetment of such an offence also can be considered as serious in nature.

4.

Hence, considering the above, this Court opines that it is not a fit case for grant of anticipatory bail. However, the police concerned are directed to issue Section 41-A Cr.P.C. notice before effecting the arrest of the petitioners. 5.

Subject to the above, the criminal petition is dismissed. Pending miscellaneous petitions if any shall stand dismissed in consequence.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J 28-02-2018.

JSK