Though the learned Senior counsel submits that this Court as well as the Sessions Court have got concurrent jurisdiction, this Court is not inclined to entertain this petition directly without moving the same before the trial Judge, where entire material including remand report will be available on his production. It is also to be noted here that the petitioner is still in police custody and he is not yet produced before appropriate Court for judicial remand. In that view of the matter, this Court is not inclined to entertain the present petition seeing bail and the same is liable to be dismissed.;Even assuming for the sake of argument, that an application seeking bail is maintainable at this stage, but the guidelines framed for hearing bail applications during Summer Vacation -2021 categorically states as under : Criminal Matters : i) Anticipatory bail matters ii) Bail applications, if bail is refused by Magistrates and Sessions Judges/ Additional Sessions Judges. 3 iii) Criminal Appeals and Criminal Revision Cases in which the accused are convicted. 8. As per the above guidelines, it is very much clear that only against the orders passed dismissing the bail application by the trial Court, then only, bail application can be moved before this Court.;

AP HIGH COURT

THE HON’BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No.2998 OF 2021

k Raghurama krishna Raju

-VS-

State of ap

ORDER:

This petition is filed under Sections 437 and 439 of the

Code of Criminal Procedure, 1973 to enlarge the

petitioner/Accused on bail in Crime No.12 of 2021 of CID Police

Station, Mangalagiri, Guntur, Andhra Pradesh, registered for the

offences punishable under Sections 124-A, 153(A), 505 r/w 120-

B of Indian Penal Code, 1860 (for short ‘IPC’).

2. Brief facts of the case are that the petitioner is Member of

Parliament having been elected to Lok Sabha from Narasapuram

Parliamentary constituency in Andhra Pradesh. While so, on

14.5.2021 at about 5.00 pm., police arrested the petitioner at his

residence at Hyderabad in the above crime, as he has been

indulging in hate speeches against certain communities and

promoting disaffection against the Government, which will cause

loss of faith in the Government and also cause disturbances.

3. This petition was moved by way of House Motion on

14.5.2021 and the same was allotted to this Court at about 10.30

pm., As there is no technical staff to operate Blue Jeans App and

there is no Court Master and Court Officer because of Lock down

imposed in the State of Andhra Pradesh, it was heard through

telephone. With the consent of both the learned counsels, the

present petition is taken up today for hearing.

2

4. Heard learned Senior counsel Sri B.Adinarayana Rao for

the petitioner as well as the learned Additional Advocate General

for the respondents.

5. As the petitioner has not moved any application seeking bail

before the Sessions Judge, this Court has taken objection for the

same. Learned Senior counsel submitted that there is concurrent

jurisdiction in entertaining bail applications by the High Court as

well as the Sessions Court. In support of his contentions, learned

Senior Counsel has placed reliance on the judgments reported in

2014 (16) SCC 623 and also 2018 SCC On-line Hyderabad

224.

6. On the other hand, learned Additional Advocate General

has opposed the petition and stated that the present petition filed

under Sections 437 and 439 Cr.P.C., is not at all maintainable as

the petitioner was not yet produced before the concerned

Magistrate. In support of his contentions, learned Additional

Advocate General has placed reliance on the judgments reported

in 2019 (2) ALT (Crl.) 209 (DB) and 2004 (7) SCC 558.

7. Even assuming for the sake of argument, that an

application seeking bail is maintainable at this stage, but the

guidelines framed for hearing bail applications during Summer

Vacation -2021 categorically states as under :

Criminal Matters :

i) Anticipatory bail matters

ii) Bail applications, if bail is refused by Magistrates and

Sessions Judges/ Additional Sessions Judges.

3

iii) Criminal Appeals and Criminal Revision Cases in

which the accused are convicted.

8. As per the above guidelines, it is very much clear that only

against the orders passed dismissing the bail application by the

trial Court, then only, bail application can be moved before this

Court.

9. Though the learned Senior counsel submits that this Court

as well as the Sessions Court have got concurrent jurisdiction,

this Court is not inclined to entertain this petition directly without

moving the same before the trial Judge, where entire material

including remand report will be available on his production. It is

also to be noted here that the petitioner is still in police custody

and he is not yet produced before appropriate Court for judicial

remand.

10. In that view of the matter, this Court is not inclined to

entertain the present petition seeing bail and the same is liable to

be dismissed. However, the petitioner can approach the

concerned trial Judge and seek necessary reliefs.

With the above observation, the Criminal Petition is

dismissed.

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

stand closed.

4

_______________________

K. SURESH REDDY, J

Date : 15.5.2021.

Note: Furnish C.C. today

B/o

RPD

5

THE HON’BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No.2998 of 2021

Date : 15.5.2021

Note: Furnish C.C. today

B/o

RPD