Andhra Pradesh High Court - Amravati
Patan Jani Basha Macha Janny vs The State Of Andhra Pradesh on 20 July, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.5005 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.) is filed to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is accused No.1 in Crime No.131 of 2022 of Narasaraopet Rural Police Station, Palnadu District.
3. A case under Sections 341, 354, 323, 506, 509 r/w 34 of the Indian Penal Code, 1860 (for short "I.P.C.") was registered against the petitioner in the above crime.
4. Heard learned counsel for the petitioner and learned Special Assistant Public Prosecutor for respondent.
5. Learned counsel for the petitioner has contended that the contents of the FIR do not make out any case against the petitioner for the offences alleged and if the petitioner is arrested he would be put to irreparable loss and hardship and prayed to grant pre arrest bail.
6. On the other hand, learned Special Assistant Public Prosecutor has contended that specific allegations are made against the petitioner and hence, he is not entitled for pre arrest bail.
7. A perusal of the material available on record would go to show that the petitioner is not entitled for pre arrest bail. However, learned counsel for the petitioner has requested this Court to issue a direction to the respondent to follow the procedure contemplated under Section 41-A Cr.P.C. 2
8. Admittedly, the punishment prescribed for the offences alleged against the petitioner is less than seven years.
9. Therefore, in view of the submissions made by the learned counsel for the petitioner, this Criminal Petition is disposed of with a direction to the Investigating Officer to follow the procedure contemplated under Section 41-A of Cr.P.C and the guidelines prescribed by the Honourable Apex Court in Arnesh Kumar v. State of Bihar and another1 case against the petitioner in the above crime.
___________________________ JUSTICE RAVI CHEEMALAPATI Date : 20.07.2022 AG 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION No.5005 OF 2022 Date : 20.07.2022 AG