seeking to enlarge the petitioner/Accused on bail in the event of his arrest in connection with Crime No.28 of 2021 on the file of Varikuntapadu Police Station, SPSR Nellore District, registered for the offences under Sections 417, 420, 465, 466, 468, 471, 473 r/w 120b of Indian Penal Code, 1860= As the offences registered against the petitioner are punishable with less than seven years imprisonment, this Court deems it fit to pass a direction to the Investigating Officer to follow the guidelines prescribed by the Hon’ble apex Court in Arnesh Kumar (supra) and the procedure prescribed in Section 41-A of Cr.P.C.

AP HIGH COURT 

THE HON’BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No.2928 OF 2021

SMT NADELLA RAMA DEVI

-VS-

THE STATE OF ANDHRA PRADESH

ORDER:

 This Criminal Petition is filed under section 438 of the Code of

Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking to enlarge the

petitioner/Accused on bail in the event of his arrest in connection with

Crime No.28 of 2021 on the file of Varikuntapadu Police Station, SPSR

Nellore District, registered for the offences under Sections 417, 420, 465,

466, 468, 471, 473 r/w 120b of Indian Penal Code, 1860 (for short IPC).

2. Heard the counsel for the petitioner and the Additional Public

Prosecutor appearing for the 1st respondent / State.

3. Learned counsel for the petitioner submits that as the offences

registered against the petitioner are punishable with less than seven

years imprisonment, requested this Court directing the Investigating

Officer to follow the procedure prescribed under Section 41-A of Cr.P.C.,

and the guidelines prescribed by the Apex Court in Arnesh Kumar v.

State of Bihar1.

4. The learned Additional Public Prosecutor stated that he has no

objection for issuing such a direction.

5. As the offences registered against the petitioner are punishable

with less than seven years imprisonment, this Court deems it fit to pass

a direction to the Investigating Officer to follow the guidelines prescribed

by the Hon’ble apex Court in Arnesh Kumar (supra) and the procedure

prescribed in Section 41-A of Cr.P.C.

1

(2014) 8 SCC 273

2

6. In the result, the criminal petition is disposed of, directing the

Investigating Officer to follow the procedure prescribed in Section 41-A of

Cr.P.C., and the guidelines issued by the Hon’ble apex Court in Arnesh

Kumar (supra).

 As a sequel, the miscellaneous applications, if any pending, shall

stand closed.

_______________________

K. SURESH REDDY, J

20th May, 2021

sj 

3

11

THE HON’BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No.2928 OF 2021

Dated : 20.05.2021

sj