Pendyala Saraiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7073 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A1 to A5 seeking bail in the event of their arrest in connection with Crime No.134 of 2022 on the file of Huzurabad Town Police Station, Karimnagar District, registered for the offences punishable under Sections 420, 448 and 506 of Indian Penal Code. 2.

Heard learned counsel for the petitioners who submits that the police are using third degree methods when petitioners are called to the police station.

3.

Since the punishment prescribed for the offences alleged against the petitioners is up to seven years, without going into merits of the matter, respondent - Police are directed to follow the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

4.

However, the respondent-police are directed not to involve in any acts which are contrary to law and shall not unnecessarily detain the petitioners on the pretext of investigation. If petitioners have any grievance, they can agitate their grievance before the competent forum. 1 (2014) 8 SCC 273

5.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 18.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7073 of 2022 Dt.18.08.2022 tk