Bukkayapalli Vijaya Lakshmi v. The State Of A.P.

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5920 of 2018 ORDER :

This criminal petition filed under Section 438 Cr.P.C. by the petitioners/A.1 and A.2 in Crime No.88 of 2018 of Nandalur Police Station, YSR Kadapa District, registered for the offences punishable under Sections 324, 355, 341, 109 and 427 read with 34 IPC. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the State, and perused the bail application averments, F.I.R. and the case diary.

3.

A perusal of the record no way entitles to the concession of anticipatory bail, but for none of the offences are punishable above seven years, thereby the police are strictly bound to follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar v. State of Bihar1.

4.

Having regard to the above, the criminal petition is disposed of directing the police strictly follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar's case supra. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 5th July 2018.

mar 1 (2014) 8 SCC 273