Dhirendra Jha v. The State Of Ap.,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8581 of 2018 ORDER :

This criminal petition filed under Section 438 Cr.P.C. by the petitioners/A.1 and A.2 in Crime No.112 of 2018 of Hindupur I Town Police Station, Ananthapuram District, registered for the offences punishable under Sections 406, 408 and 420 read with 34 IPC. 2.

Heard learned counsel for the petitioners and learned Special Assistant Public Prosecutor, representing the State, who opposed the same, and perused the First Information Report, bail application averments and Part-I Case Diary.

3.

A perusal of the record no way entitles to the concession of anticipatory bail by the petitioners, but for to say none of the offences are punishable above seven years, 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, in the event of any requirement of arrest.

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 24th August 2018.

mar 1 (2014) 8 SCC 273