K.Mohan Naidu v. State Of Ap.,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.3335 OF 2018 ORDER:

Petitioner, who is the sole accused in Cr.No.17 of 2018 on the file of the Station House Officer, Srikalahasthi Rural Police Station, Chittoor District, registered for the offences punishable under Sections 447 and 506 IPC and 3 (1) (r) (s) of the SCs & STs (POA) Amendment Act, 2015 (for short 'the Act'), filed this petition under Section 438 Cr.P.C. seeking pre-arrest bail.

2.

After arguing the matter by the learned counsel for the petitioner for a while, the learned counsel for the petitioner requested this Court to direct the Station House Officer concerned to follow the procedure under Section 41-A Cr.P.C. as there is a clear bar under Section 18 of the Act to grant pre-arrest bail to the petitioner.

3.

Therefore, acceding to the request of the learned counsel for the petitioner, the Station House Officer/Investigating Officer concerned is directed to follow the procedure under Section 41-A Cr.P.C. and also the guidelines laid down in ARNESH KUMAR V. STATE OF BIHAR 1 4.

With the above direction and without touching the merits of the case, the Criminal Petition is disposed of. ___________________________________ M.SATYANARAYANA MURTHY, J DATED: 27-03-2018.

Hsd 1 (2014) 8 SCC 273