Kavalakuntla Chenchireddy v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON No.2179 of 2019 ORDER:

The petitioners are A.1 to A.3 in Crime No.68 of 2019 on the file of Meerpet Police Station, Rachakonda Commissionerate, registered under Sections 420, 468, 471 and 419 IPC. By way of this petition filed under Section 438 Cr.P.C., they seek grant of anticipatory bail. Though the learned Assistant Public Prosecutor, State of Telangana, would inform this Court that the investigation is still ongoing and it has to be ascertained as to who had impersonated the complainant leading to a chain of transactions commencing from A.1 and again ending with A.1, it may be noted that even if the offences alleged against the petitioners-A.1 to A.3 are established, they would not entail incarceration for a period in excess of seven years in terms of Section 31 Cr.P.C. Therefore, the law laid down by the Supreme Court in Arnesh Kumar v. State of Bihar1 would stand attracted.

The criminal petition is accordingly disposed of directing the police to proceed with the investigation in Crime No.68 of 2019 on the file of Meerpet Police Station, Rachakonda Commissionerate, as per the due procedure. However, the police shall abide by and implement the directions of the Supreme Court in paragraphs 11.2 to 11.6 in Arnesh Kumar 1.

____________________ JUSTI CE SANJAY KUMAR Date:29.04.2019 GJ/PGS 1 (2014) 8 SCC 273