E.Sanjanna Goud v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.1429 OF 2017 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') is filed to grant pre-arrest bail to the petitioner/A.2 apprehending his arrest in connection with Crime No.205 of 2015-16 on the file of Nandikotkur Prohibition & Exicse Police Station, Kurnool, registered for the offences punishable under Sections 34 & 37 (A) of A.P. Excise Act, 1968 and Section 8(b) of N.D.P.S. Act, 1985.

After arguing the matter for a while, learned counsel for the petitioner requested this court to issue a direction to the investigating agency to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR V. STATE OF BIHAR1.

Acceding to the request made by the counsel for the petitioner, the investigating agency is directed to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR (1supra), if applicable, to the offences allegedly committed by the petitioner.

With the above direction, the criminal petition is disposed of. ___________________________________ M. SATYANARAYANA MURTHY, J Date:23.03.2017 ccm 1 (2014) 8 SCC 273

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