Mohammed Asif And Another v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 9014 OF 2021 O R D E R :

This petition is filed under Section 438 Cr.P.C. seeking bail to petitioners/A-1 and A-4 in the event of their arrest in connection with Crime No. 1234 of 2021 of P.S. L. B. Nagar, Rachakonda, registered for the offences punishable under Sections 420, 417 and 406 read with Sections34, 506 of the Indian Penal Code.

2.

Heard Sri Allam Ramesh, learned counsel for petitioners, learned Assistant Public Prosecutor for respondentState and perused the material on record. 3.

Learned Assistant Public Prosecutor submits that since A-1 and A-4 are absconding, they could not serve the notice under Section 41-A Cr.P.C.

4.

Learned counsel for the petitioners submits that the petitioners are not absconding and they are ready to cooperate with the investigation.

5.

Since the punishment prescribed for the offences alleged against petitioner is less than 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. Petitioners shall appear before the police on 11.12.2021 and shall receive the notices under Section 41-A Cr.P.C. It is 1 (2014) 8 SCC 273

needless to mention, any deviation in this regard will be viewed seriously.

6.

The Criminal Petition is, accordingly, disposed of. Miscellaneous applications, if any, pending shall stand closed. ___________________________ LALITHA KANNEGANTI, J 9th December 2021 RRB