Sri. Abhishek Alies Abhishek v. The State Of Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition No.7108 OF 2018 ORDER:

The petitioner is A1 among seven or more accused in Crime No.90 of 2017 on the file of the Station House Officer, Sathyavedu Police Station, Chittoor District. The crime is registered on 15.12.2017 for the offences punishable under Section 498-A r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2.

The de facto complainant is no other than the wife of petitionerA1. The petitioner according to the cause title and the bail application averments is working in Sharjah of U.A.E. and staying there. As per the report of de facto complainant supra, there are acts of cruelty with demand for dowry. The contentions in the bail application are that it is a false report given against the petitioner-A1 by his wife more than ten months after the cradle ceremony of the child performed well and the photos showing their participation with all affection. 3.

Heard the learned counsel for petitioner and the learned Public Prosecutor and perused the material on record. 4.

The learned Public Prosecutor opposed the bail application saying the petitioner not even landed down in India cannot seek anticipatory bail.

5.

Having regard to the above, to subserve the ends of justice, this Criminal Petition is disposed of with a direction to the police not to

Dr. SSRB,J Crl. P.No.7108 of 2018 arrest the petitioner for a period of fifteen (15) days from today, so that in the meantime he shall come down and move for regular bail before the learned Magistrate concerned by surrender with assurance of availability for future in said crime. It is needless to say he can ask not only protection under Section 41-A Cr.P.C. as laid down by the Apex Court in Arnesh Kumar v. State of Bihar1 and referring the matter for conciliation as per the guidelines in the expression of Apex Court in Rajesh Sharma v. State of U.P.2.

____________________________ Dr. B. SIVA SANKARA RAO, J 31.07.2018 Note: Issue C.C. by 01.08.2018 (B/O) MVA 1 (2014) 8 SCC 273 2 2017 (2) ALT (Crl.) 393 (SC)