Andhra Pradesh High Court - Amravati
Criminal Procedure vs Police Station on 12 November, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.6112 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/Accused Nos.4, 5 and 9 to 12 in the event of their arrest in connection with Crime No.158 of 2021 of C.Belgal Police Station, Kurnool District, registered for the offences punishable under Sections 323, 324, 326, 307 r/w 34 of the Indian Penal Code, 1860 (for short 'IPC').
2. The case of prosecution is that a complaint was lodged by the complainant wherein it was stated that the accused armed with stones, iron rods attacked the brother of complainant with an intention to kill him, hacked him with an axe on head, caused bleeding injuries and also the accused attacked and beat the complainant and four others who tried to rescue the complainant and his brother. Basing on the said complaint, present crime was registered.
3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have not committed any offence as alleged. He further submits that all the petitioners tried to protect themselves, some dispute took place between the parties and they sustained injuries and further due to political pressure, petitioners are falsely implicated in this case. Hence, petitioners case may be considered for grant of pre-arrest bail. 2
5. Learned Additional Public Prosecutor submits that there are specific overt acts against the petitioners and further investigation is pending, as such the petitioners are not entitled for pre-arrest bail.
6. Looking at the allegations in the complaint, this Court is not inclined to grant pre-arrest bail to the petitioners. However, learned counsel for the petitioners submits that the petitioners will surrender before the concerned jurisdictional Court and move an appropriate application seeking bail. On such surrender, the application moved by the petitioners shall be considered as expeditiously as possible, in accordance with law.
7. Accordingly, the Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
______________________ JUSTICE D.RAMESH Date :12.11.2021 KA