Andhra Pradesh High Court - Amravati
J Vijay Babu vs State Of Ap on 22 July, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.3920 OF 2021
ORDER:-
This Criminal 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/A1 to A4 in the event of their arrest in connection with Crime No.547 of 2021 of Ibrahimpatnam Police Station, Vijayawada City, registered for the offences punishable under Sections 354(a) of the Indian Penal Code, 1860 (for short 'I.P.C.') and Section 67-A, 67-E of Information Technology Act, 2000.
2. The case of the prosecution is that a report was lodged wherein it was alleged that the complainant is resident of B- Colony, Kondapalli Municipality, Krishna District and that one Vijay is posting her photos by morphing them as nude pics in Karem Shivaji Followers Group being the admin of the group abused her in unparlimentary language and circulated her photos as well as videos in social media. Basing on the said report the present crime is registered against the petitioners and others.
3. Heard Sri K.Chidambaram, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent-State.
3. Learned counsel for the petitioners submits that the petitioners are innocent of the alleged offences and they are arrayed as accused as their names and cell numbers were 2 available in groups. He submits that except making such allegations the complainant did not choose to place any material. He submits that though the punishment for the alleged offences is below seven years, Police are trying to arrest the petitioners without following the procedure contemplated under Section 41-A Cr.P.C and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1. Hence, the case of the petitioners may be considered for grant of pre-arrest bail.
4. Learned Assistant Public Prosecutor opposes the bail application but does not dispute the fact that the punishment for all the offences alleged is below seven years.
5. Without going into the merits of the case, as the punishment for the alleged offences is below seven years, the respondent-Police are directed to follow the procedure contemplated under Section 41-A of the Cr.P.C and the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar's case scrupulously.
Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date : 22.07.2021 IKN 1 (2014) 8 SCC 273 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Disposed of) CRIMINAL PETITION No.3920 of 2021 Date : 22.07.2021 ikn