disposed of a pre-arrest bail petition without granting bail. The Supreme Court directed the police to produce the petitioner in the pending case on the police warrant within two weeks.
Directed the police to take steps for production of the petitioner on P.T. warrant within two weeks; Criminal Petition disposed of without granting bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
Criminal Petition No.947 of 2021
ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) seeking pre-arrest bail to the petitioner/A.4 in the event of his arrest in connection with Crime No.150 of 2020 of Sidhout Police Station, YSR Kadapa District, registered for the offences punishable under Sections 379, 307, 353, 109, 120-B, read with 34 of the Indian Penal Code, 1860 and Section 20 (i) (c) (iii) (x) and Section 29 (4) (a) of the Andhra Pradesh Forest Act, 1967 and Rule 3 of Red Sandar and Red Sandal Wood Transit Rules, 1969 and Section 3 of the Prevention of Damage to Public Property Act, 1984. 2. The case of the prosecution is that on 25.07.2020 on receipt of credible information about illegal transportation of red sanders logs, the Inspector of Police, Sidhuout, along with his staff and Panchayatdars, went to Pulibomma Arch, Nithyapoojakona Road, Vanthatipalli village, Sidhout Mandal and found two persons standing there and on seeing the police, they tried to escape, but the police apprehended both the persons, who are arrayed as A.1 and A.2, interrogated them and seized 4 sanders logs weighing 89Kgs. During interrogation, A.1 and A.2 confessed that they along with some other persons are doing illegal transport of red sanders logs. Basing on the said confession, the present crime is registered and the petitioner is arrayed as A.4.
LK, J
2
CRLP.No.947 of 2021
LK, J CRLP.No.947 of 2021
3
direct the police to take appropriate steps for production of the petitioner/A.4 on P.T. warrant, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of the order.
Accordingly, the Criminal Petition is disposed of.
___________________________ LALITHA KANNEGANTI, J
Date: 01.03.2021 Ksn
3 issues framed by the court
Whether pre-arrest bail petition under Section 438 Cr.P.C. should be allowed given allegations of false implication and habitual arrest.
Whether the police are taking steps to produce the petitioner on pending police warrant.
Whether institution of pre-arrest bail is impliedly barred if the petitioner is already in judicial custody in a related matter.
5 provisions across 3 enactments
PETITIONER/A.4
RESPONDENT-STATE
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
