Telangana High Court
Col Ranga Rao Narne Retd vs The State Of Telangana on 18 January, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
sHON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.219 of 2022
O R D E R:
This petition is filed under Section 438 Cr.P.C. seeking bail to petitioner/A-1 in the event of his arrest in connection with Crime No.272 of 2021 on the file of Bibinagar Police Station, Rachakonda District, registered for the offences punishable under Sections 420 and 406 IPC.
2. Heard Mr. B. Raveendra Babu, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State.
3. Learned counsel for the petitioner submits that the police have already issued a notice under Section 41-A Cr.P.C., to petitioner, but the apprehension of petitioner is that the police may arrest him. Learned counsel submits that the petitioner is aged about 78 years and odd and hence, his case may be considered for grant of pre-arrest bail.
4. Admittedly in this case, police have already issued notice under Section 41-A Cr.P.C., to petitioner/A1. When once the notice under Section 41-A Cr.P.C., was issued, the police cannot arrest the petitioner without obtaining permission from the concerned Magistrate. In that view of the matter, this Court is not inclined to grant pre-arrest bail to the petitioner.
5. Accordingly, the Criminal Petition is disposed of, directing the police concerned to strictly follow the procedure under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1.
6. Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
________________________ LALITHA KANNEGANTI, J 18th January, 2022.
sj 1 (2014) 8 SCC 273 2