U.Rajasekhar v. The State Of A.P.,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No. 513 OF 2017 ORDER:

This petition is filed under Section 438 of the Code of Criminal Procedure to enlarge the petitioner-accused No. 2 on pre-arrest bail in crime No. 190 of 2016 of Pulivendula Urban Police Station, Kadapa District, for the offence punishable under Sections 420, 406, 409, 471 read with Section 34 of the Indian Penal Code apprehending his arrest in connection with the above crime. After arguing the matter for awhile, Smt. P.Rajani Reddy, learned counsel for the petitioner, requested this Court to direct the investigating agency to follow the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar and another1 without touching the merits of the case. In fact, the investigating agency is bound to follow the guidelines issued in Arnesh Kumar (supra) subject to applicability to the particular offence.

Therefore, I need not give any specific direction to follow the guidelines since the investigating agency is bound to adhere to the directions issued by the Apex Court. With the above observations, the criminal petition is disposed of. Pending miscellaneous petitions, if any, in this criminal petition shall stand closed in consequence.

_____________________________ Date: 01-02-2017.

M.SATYANARAYANA MURTHY, J.

JSK 1 2014 (2) ALT (Crl.) 457 (SC)