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Judgment
Nyapathy Vijay, J
This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner/accused to release her on bail in the event of her arrest in connection with FIR No. 119 of 2024 on the file of Tirumala II Town Police Station, Tirumala, Tirupathi District, registered for the offence punishable under Section 318 (4) of Bharatiya Nyaya Sanhita (BNS).
Learned counsel for the Petitioner has confined his argument to the extent of protecting the Petitioner herein from the coercive action by the police on the ground that the offence alleged is punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (S.41-A of the erstwhile Cr.P.C).
On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the Petitioner for the reason that the offence alleged is punishable with imprisonment of less than seven years.
Heard. Perused the material on record.
Since the offence alleged is punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (S.41-A of the erstwhile Cr.P.C) scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State Of Bihar And Another (2014) 8 SCC 273.
With the above direction, the Criminal Petition is disposed of.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.