Marilkanti Sanjeeva v. State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4036 OF 2018 ORDER:

This petition is filed under Section 438 of the Code Of Criminal Procedure, 1973 (for short 'CrPC') to grant pre-arrest bail to the petitioner/ sole accused apprehending his arrest in connection with Crime No.2766 of 2018 of APTS, Nalgonda registered for the offence punishable under Section 135 of 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 petitioner. Acceding to the request of the learned counsel for the petitioner, without touching the merits, I find that it is a fit case to issue 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 petitioner.

With the above direction, the criminal petition is disposed of. __________________________________ M. SATYANARAYANA MURTHY,J 12.04.2018 BV 1 2014(5) Supreme 324