Gona Venkata Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.4217 of 2018

ORDER

This petition is filed under Section 438 of Cr.P.C., to grant pre-arrest bail to the petitioner/A1 apprehending his arrest in Cr.No.348 of 2017 of Naidupet Police Station, SPSR Nellore District, registered for the offences punishable under Sections 120-B, 420, 506 read with Section 34 IPC, on various grounds. 2.

Learned counsel for petitioner, after arguing the matter for sometime, requested this Court to direct the police concerned to follow the procedure as prescribed under Section 41-A Cr.P.C and the guidelines laid down by the Apex Court in Arnesh Kumar v. State of Bihar1.

3.

Acceding to the request of the counsel for petitioner and since the offences allegedly committed by the petitioner are not punishable with imprisonment for more than 10 years, I deem it appropriate to direct the police concerned to follow the procedure under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar's case, referred supra. It is needless to remind the police that violation of guidelines would lead to contempt of Court.

4.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 19th April, 2018 sj 1 (2014) 8 SCC 273