Andhra Pradesh High Court - Amravati
Gera Ravindranath Tagore, vs The State Of Andhra Pradesh, on 5 October, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5144 of 2021
ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/A-3 in the event of his arrest in connection with Crime No.120 of 2021 of Karemchedu Police Station, Prakasam District, for the offence punishable under Sections 366A, 354A, 342, 323 r/w 34 of Indian Penal Code, 1860 and Section 12 of the Protection from Children from Sexual Offences Act, 2012 (for short POCSO Act).
2. A report was lodged by the complainant stating that on 02.09.2021, he along with his wife went to Cooley works and returned to their house. At the evening they found that their daughter was not present. She came to house on 02.09.2021 at about 1:00 hrs. When the parents of the victim girl questioned about the same she informed that A-1 threatened her to come to Old Government Hospital, Old building. A-2 cooperated A-1. Both asked her to love A-1 and have sexual intercourse with one Suryam. Later, A-3 came there abused the victim girl and took her on the motor cyle to Aaleru Bridge, Inkollu road and thereafter one Geta Ravindranath Tagore also took her to his house and advised to marry A-1. Basing on the said complaint, the present crime is registered.
3. Heard Sri Challa Ajay Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the police failed to follow the procedure contemplated under the provisions of POCSO Act and the 161 statements were recorded in the police 2 station. The petitioner himself has handed over the victim girl to the police. This itself shows that the petitioner has not committed the offence and infact an enquiry was initiated against the Sub-Inspector of Police for the misdeeds done by him. Hence, the case of the petitioner may be considered for grant of pre-arrest bail.
5. Learned Additional Public Prosecutor placed on record the 164 statements of the victim girl and her mother which were consistent and she has narrated the assault and deeds of the petitioner. He submits that the police have followed the procedure contemplated under Section 19 of the POCSO Act.
6. Looking at the allegations in the complaint against the petitioner/Accused, this Court is not inclined to grant pre-arrest bail to the petitioner. However, learned counsel for the petitioner submits that the petitioner will surrender before the concerned jurisdictional Court and move an appropriate application seeking bail. On such surrender, the application moved by the petitioner shall be considered as expeditiously as possible, in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 05.10.2021 EPS 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI 62 (Disposed of) CRIMINAL PETITION No.5144 of 2021 Date: 05.10.2021 EPS