Boya Bheemasena v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.4818 OF 2018 ORDER:

This criminal petition, under Section 438 of the Code of Criminal procedure, 1973 (for short 'Cr.P.C'), is filed to issue a direction to the Station House Officer, Madhavaram Police Station, Kurnool District, to release the petitioners/A.1 to A.4 on bail in the event of their arrest in connection with Crime No.16 of 2018 registered for the offence punishable under Sections 447, 506 read with 34 of the Indian Penal Code, 1860 and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) amended Act,2015.

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 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 direction to the police to follow the procedure prescribed under Section 41-A 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.

1 2014(5) Supreme 324

CRLP_4818_2018 MSM, J - 2 - It is needless to remind the Station House Officer, Madhavaram Police Station, Kurnool District, that violation of the directions issued by the Apex Court in ARNESH KUMAR case (referred supra) would lead to file contempt petition before the Court having jurisdiction.

With the above direction, the criminal petition is disposed of. ___________________________________ M. SATYANARAYANA MURTHY, J Date:30.04.2018 BV