Andhra Pradesh High Court - Amravati
R Jayachandra Naidu vs The State Of Ap on 21 June, 2021
®. ' tt KLKOF IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI: MONDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY ONE 'PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3164 OF 2021 Between: 1. R Jayachandra Naidu, S/o R Sankar Naidu, Aged 53 years, R/o D.No. 6/21, Kothaveedhi, Tiruchanur, Tirupati, Chittoor District. . _ 2. R Yugush, S/o R.Jayachandra Naidu, Aged 20 years, Rio D.No. 6/21, Kothaveedhi, Tiruchanur, Tirupati, Chittoor District. ...Petitioners/Accused 1 & 2 AND The State of Andhra Pradesh, Through SHO, Tiruchanur Police Station, Tirupati, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. .. Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to direct the Station House Officer to release the petitioners on bail in the event of their arrest in connection with Crime No.125/2021 of Tiruchanur Police Station, Tirupathi, Chittoor District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Suresh Kumar Reddy Kalava, Advocate for the Petitioners and of Additional Public Prosecutor for the Respondent, the Court made the following; ORDER:
ert! Wort fax, THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3164 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 by the petitioners/accused No.1 and 2 in the event of their arrest in connection with Crime No.125 of 2021 of Tiruchanur Police Station, Tirupati Urban, Chittoor District registered for the offences punishable under Sections 353, 379 of the Indian Penal Code, 1860 (for short 'LP.C.)} and Section 21(1) r/w 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short MMDR Act}.
2. The case of the prosecution is that on 01.05.2021 at 7.30 am, at Gosala on Padipeta-Tiruchanur main road, Tiruchanur, Tirupati Rural mandal while K.Suresh, police constable along with his staff is on duty in curbing the illegal transportation of sand moved separately, they noticed the driver of tractor bearing No.AP 39X 3501 and trolley No.AP 39X 2038 with sand load, on questioning the driver, he failed to show the concerned bills, meanwhile, the owner of the tractor came there, argued with the complainant, abused him in filthy language, pushed him aside and left the place on the motor cycle.
3. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged and they To, Gok wh os have been falsely implicated in the case. He further submits that the 24 petitioner is studying 2°¢ year B.Com Degree Course in SDH College, AIR Bypass Road, Tirupati. He further submits that even as per the complaint, there is no averment that the petitioners have used filthy language or criminal force with an intention to prevent the police personnel from discharging his duties.
3. On the other hand, the learned Additional Public Prosecutor submits that as per the allegations in the complaint, crime has been registered for the offences under Sections 353, 379 of the Indian Penal Code, 1860 and Section 21({1} r/w 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and are a non bailable offences. He further submits that all the offences are punishable upto seven years. The petitioners are not entitled for anticipatory bail.
6, Considering the facts and circumstances of the case, the police are directed to follow the procedure contemplated under Section 41-A Cr.P.C and the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar! scrupulously. Any deviation in this regard will be viewed seriously.
7. Accordingly, the criminal petition is disposed of. Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-B NarsingaRao TRUE COPY// For SECTION OFFICER The Ill Addi. District & Sessions Judge, Tirupati, Chittoor District. The Station House Officer Tiruchanur Poli ion, Ti i ; ice Station, Tiru athi, Chitt istri One CC to Sti. Suresh Kumar Reddy Kalava, Advocate (OPUC] moor ostret Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
ASSISTANT REGISTRAS HIGH COURT LK,J DATED:21/06/2021 ORDER CRLP.No.3164 of 2021 ALLOWED my < BS nN 5. PS Z KE go. Le fe? a