Mattaparthi Ramakrishna v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CRI MI NAL PETI TI ON No.3883 of 2018 ORDER:

This criminal petition is filed under Section 438 Cr.P.C to grant pre-arrest bail to the petitioners/Accused Nos.2 & 3 apprehending their arrest in connection with Crime No.640 of 2017 on the file of Gajuwaka Police Station, Visakhapatnam, for the offences punishable under Sections 498-A and 306 read with Sec.34 IPC and under sections 3 & 4 of Dowry Prohibition Act.

It is the contention of the petitioners that the offence allegedly took place on 08.10.2017 and till date no charge sheet is filed and hence the petitioners are entitled to claim a statutory bail under Section 167(2) Cr.P.C. The petitioners requested this court to enlarge them on bail in the event of their arrest.

The petitioners cannot be granted pre-arrest bail. However, the petitioners are permitted to file an application under Section 167(2) Cr.P.C before the jurisdictional court seeking statutory bail and on filing such application, the same shall be disposed of in accordance with law on the same day.

The Criminal Petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________________________ M.SATYANARAYANA MURTHY,J Date: 09.04.2018 Dsr