Garikipati Saidaiah, v. The State Of Andhra Pradesh,

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10268 of 2014 ORDER:

This Criminal Petition filed under Section 438 Cr.P.C by petitioners/ accused Nos.1 to 6 in Crime No.58 of 2014 of Machavaram Police Station, Guntur District, registered for the offences punishable under Sections 448, 434, 506 read with 34 IPC. Heard learned counsel for the petitioners, the learned Additional Public Prosecutor for the respondent-state and perused the material placed on record.

A perusal of report show that all the offences are bailable offences moved as if involved in non-bailable offences, for anticipatory bail under Section 438 Cr.P.C. The very bail application is not maintainable and thereby the Criminal Petition is liable to be rejected. Accordingly, the Criminal Petition is rejected with observation that the remedy of the petitioner is to file an application under Section 44 and 436 of Cr.P.C to make a request therein since all the offences are bailable and expressing their readiness to offer solvency for the same to consider.

Accordingly, the Criminal Petition is rejected. __________________________ Dr. B.SIVA SANKARA RAO J, 5th September, 2014 knl