Andhra Pradesh High Court
CRLP/10009/2022 of GUDIRAJU JEEVAN KRISHNA Vs THE STATE OF ANDHRA PRADESH on 30 December 2022
SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO.10009 of 2022 ORDER:- The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed seeking anticipatory bail by the petitioners, who are A1 and A2 in Crime No.393 of 2022 of Balaji Nagar Police Station,
THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO.10009 of 2022
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ORDER:-
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed seeking anticipatory bail by the petitioners, who are A1 and A2 in Crime No.393 of 2022 of Balaji Nagar Police Station, Sri Pottisriramulu Nellore District.
2. Heard the learned counsel for the petitioners and the learned Special Assistant Public Prosecutor for respondent-State.
3. After arguing for some time, learned counsel for the petitioners submit that the offences alleged are punishable with imprisonment of less than seven years and hence police be directed to follow the procedure contemplated under Section 41-A Cr.P.C.
4. In view of the facts and circumstances of the case, police are directed to follow the procedure contemplated under Section 41-A Cr.P.C scrupulously as per the guidelines laid down under Arnesh Kumar Vs.
State of Bihar and another[1]. Police are directed to interrogate the petitioners in the presence of an Advocate of their choice.
5. With the above directions, the Criminal Petition is disposed of.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
30.12.2022 Issue CC today. BO/DNB
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JUSTICE K. SREENIVASA REDDY
1(2014) 8 SCC 273(2014) 8 SCC 273
THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO.10009 of 2022
30.12.2022
DNB