A.Swarnu Kumar v. State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.5247 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, Kothapalli Police Station, Karimnagar District, to release the petitioner/A.4 on bail in the event of his arrest in connection with Crime No.128 of 2018 of 2018 registered for the offence punishable under Sections 379 of the Indian Penal Code, 1860 and Section 21(4) of Andhra Pradesh Mines and Minerals (Development & Regulation) Act, 1957. 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 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 petitioner.

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 Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR case (referred supra), before affecting the arrest of the petitioner.

It is needless to remind the Station House Officer, Kothapalli Police Station, Karimnagar District, that violation of the directions 1 2014(5) Supreme 324

CRLP_5247_2018 MSM, J - 2 - 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:01.05.2018 BV