M. Arun Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.4389 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.262 of 2018 of Narsingi Police Station, Cyberabad District, registered for the offence punishable under Sections 498A of the Indian Penal Code, 1860 and Sections 3(1)(r) of SC & ST (POA) Act, 2015.

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