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Judgment
Ravi Cheemalapati, J
This Criminal Petition is filed under Section 438 of Criminal Procedure Code (‘CrPC’ in short), seeking pre arrest bail, by the petitioners/A1 to A8, in Crime No.143 of 2022 of Chilamathur Police Station, Sri Satya Sai District, registered for the offence punishable under Sections 354(D), 420 and 506 read with 34 of the Indian Penal Code.
Heard Sri MRK Chakravarthy, learned counsel for the petitioners and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.
Sri MRK Chakravarthy, learned counsel for the petitioners, would submit that the contents of the FIR do not disclose any offence much less the offences alleged and the petitioners are innocent and they were falsely implicated in this case and in the event they are arrested, their reputation in the society will be affected adversely. Further, it is submitted that the petitioners will abide any conditions imposed by this Court and prayed to grant pre arrest bail.
The learned Special Assistant Public Prosecutor brought to the notice of this Court that since the offences alleged, are punishable with an imprisonment of less than seven years, pre-arrest bail cannot be considered and the petitioners are entitled for notice under section 41A CrPC.
To the said submission, the learned counsel for the petitioners submits that he is restricting his relief and prayed this Court to give a direction to the respondent police to issue notice under Section 41-A of CrPC.
Taking submissions of both the learned counsel into consideration and as the offences alleged against the petitioners are punishable with imprisonment of less than seven years, without going into the merits of the case, the Criminal petition is disposed of directing the respondent to follow the procedure contemplated under Section 41A CrPC and the guidelines prescribed by the Honourable Apex Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273.
As a sequel, pending miscellaneous petitions shall stand closed.