A. Jyothirmayi v. The State Of Andhra Pradesh

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10598 OF 2017 ORDER:

This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner-A11 for the offences alleged under Sections 176, 177,406,409,420, 468 and 471 r/w 34 IPC.

2.

Heard learned counsel for the petitioner-A11, learned Additional Public Prosecutor representing the State and perused the record.

3.

Having argued for some time, learned counsel for the petitioner brought to the notice of this Court that the other accused filed Crl.P.No.10169 of 2017 before this Court and this Court in Crl.P.M.P.No.11218 of 2017, dated 03.11.2017, made an order in favour of the petitioners therein. The operative portion of the order is extracted hereunder:

"Having regard to the facts and circumstances of the case, at this stage, it is difficult to interdict the investigation, however, Station House Officer concerned/Investigating Agency is directed to follow the conditions stipulated in Section 41-A of Cr.P.C. and also the judgment of the Hon'ble Apex Court in Arnesh Kumar V State of Bihar and another (2014 (2) ALT (Crl.) 457 (SC) before taking any coercive steps against the petitioners."

The petitioner is A11 in the same crime. She is entitled to the relief granted to S.V.Seshagiri Rao and others in Crl.P.M.P.No.11218 of 2017 in Crl.P.No.10169 of 2017. Therefore, the Station House Officer, Eluru III Town Police Station, West Godavari District, is directed to follow the conditions stipulated in Section 41-A Cr.P.C. and also judgment of the Hon'ble Apex Court in Arnesh Kumar V State of Bihar and another (2014 (2) ALT (Crl.) 457 (SC)

before taking any coercive steps against the petitioner-A11.

4. With the above direction, the Criminal Petition is disposed of.

___________________________ DR.SHAMEEM AKTHER, J DATED: 09-11-2017 Hsd