B.Sathish vs. The Statae Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.3433 OF 2018

ORDER:

This petition is filed under Section 438 of Criminal Procedure Code (for short "Cr.P.C.") by the accused, apprehending his arrest, in Crime No.17 of 2018 on the file of Ramakuppam Police Station, Chittoor District, registered for the offence punishable under Sections 420 and 506 of Indian Penal Code (for short "I.P.C.") to direct the Station House Officer, Ramakuppam Police Station to release him on bail in the event of his arrest in connection with the above crime.

Learned counsel for the petitioner after arguing for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar1".

Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure laid down in Section 41-A of Cr.P.C. and guidelines prescribed in "Arnesh Kumar v. State of Bihar" (referred supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines formulated in "Arnesh Kumar v. State of Bihar" (referred supra) amounts to Contempt of Court action. Therefore, the Investigation Agency is directed to follow the procedure laid down under Section 41-A of Cr.P.C. and guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar" (referred supra).

With the above direction, the petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

02.04.2018 Ksp

¹ (2014) 8 SCC 273