Thirumala Setty Anil Kumar v. State Of Andhra Pradesh
2020-10-20
CHEEKATI MANAVENDRANATH ROY
body2020
DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.), to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is A-3 in Crime No.423 of 2020 of Old Guntur Police Station, Guntur Urban District. 3. The offences registered against the petitioner are under Sections 403, 409 and 420 of the Indian Penal Code, 1860 (for short "I.P.C.") and under Section 7 of the Essential Commodities Act. 4. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor. 5. As can be seen from the facts of the prosecution case, it is a case where, the PDS rice i.e. Public Distribution System rice is being illegally diverted to be sold in black market. Therefore, having regard to the nature of the offence and seriousness of the allegations, this Court is of the considered view that it is not a fit case for grant of anticipatory bail to the petitioner in the facts and circumstances of the case. 6. In the result, this Criminal Petition is dismissed. However, as the offences registered against the petitioner are punishable with less than seven (07) years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C.