Gandla Hara Gopal v. The State Of Tleangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.3844 OF 2018 ORDER:

This petition is filed under Section 438 of the Code Of Criminal Procedure, 1973 to grant pre-arrest bail to the petitioner/Accused apprehending his arrest in connection with Crime No.1394 of 2018 of APTS Mahabubnagar Police Station, Mahabubnagar District, registered for the offence punishable under Section 135(1)(b) of the Electricity Act, 2003. Learned counsel for the petitioner, after arguing the matter for some time, requested this Court to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR1, before affecting the arrest of the petitioners. Acceding to the request of the learned counsel for the petitioners, without touching the merits, I find that it is a fit case to issue a direction to the police to follow the procedure prescribed under Section 41-A of Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR case referred supra before affecting the arrest of the petitioners.

With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date: 13.04.2018 BV 1 2014(5) Supreme 324