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2020 DIGILAW 666 (AP)

T. N. v. Ravikanth VS State Of Andhra Pradesh

2020-10-15

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is A-3 in Crime No.384 of 2020 of Mangalagiri Rural Police Station, Guntur District. 3. The offences registered against him are under Sections 420, 188, 269, 270, 271 r/w 34 IPC, 51(b) of the Disaster Management Act, 2005 and under Section 3 of the Epidemic Diseases Act, 1897. 4. It is the case of the prosecution that the petitioner along with other accused has been unauthorizedly running COVID center on the premises of Hailand and treating the COVID patients unauthorizedly and thereby committed the aforesaid offences . 5. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor. 6. Having regard to the statements of the witnesses recorded during the course of investigation, who clearly stated that they have been treated for the ailment of COVID in Hailand, as admittedly the petitioners are not authorized to treat any COVID patients on the premises of Hailand and it is not declared as a COVID treatment center, as the accusation made against the petitioner is prima facie well founded, this Court is of the considered view that it is not a fit case for grant of anticipatory bail. 7. In the result, this Criminal Petition is dismissed. However, since the offences are punishable with less than seven (07) years period, the Investigating Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C.