Gaddam Nikhil Kumar v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2539 OF 2022 ORDER:

This criminal petition is filed under Section 438 Cr.P.C. seeking bail to petitioners/Accused Nos.1 to 5 in the event of their arrest in connection with Crime No.40 of 2022on the file of Godavarikhani-I Town Police Station, Peddapalli District, registered for the offences punishable under Sections 324, 354-B, 354-D, 379 read with Section 34 of the Indian Penal Code and Section 7 read with Section 8 & Section 11 read with Section 12 of POCSO Act, 2012.

2.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

3.

Since the punishment prescribed for the offences alleged against petitioner is up to seven years, without going into the merits of the matter, the respondent-Police are directed to follow the procedure as contemplated under Section 41-A Cr.P.C and the

guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

4.

The Criminal Petition is accordingly, disposed of.

5.

Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.

___________________ K.SURENDER, J Date: 28.03.2022 KL 1 (2014) 8 SCC 273