B.S.Uday Prakash And Another v. State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4042 OF 2018 ORDER:

This petition is filed under Section 438 of the Code Of Criminal Procedure, 1973 to grant pre-arrest bail to the petitioners/A.1 and A.2 apprehending their arrest in connection with Crime No.235 of 2018 of Jawaharnagar Police Station, Rachakonda District, registered for the offence punishable under Sections 447, 427 and 420 of the Indian Penal Code, 1860. Learned counsel for the petitioners, 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 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 petitioners.

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