If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC

[Pinapala Uday Bhushan v. State of A.P., 2024 SCC OnLine AP 790, Order dated 26-03-2024]...

Background of Case : 

On 03-02-2024, respondent-complainant filed a report before the police stating that some unknown persons had created fake ID on Facebook in complainant’s name and posted explicit and defamatory content about Mrs. X and Mrs. Y and abused them in filthy language. Respondent stated that the propagation of such false narratives not only inflicted irreparable harm upon the affected families but also subjected the targeted individuals to unwarranted public scrutiny and emotional distress. Further, respondent was also defamed in the eyes of the society. 

Further, the offences alleged against petitioner were less than seven years of imprisonment and the investigation officer had issued notice under Section 41A to petitioner. Petitioner contended that, he could not appear before the investigation officer because of apprehension that petitioner was housed at police station for issuance of Section 41A notice, and complainant intimidated petitioner in police station itself stating that complainant would see that petitioner was assassinated. Petitioner further submitted that he was about 59 years of age and had undergone several surgeries including a stunt to his heart. Thus, petitioner filed the present petition for the grant of anticipatory bail....

DECISION 

The Court relied on Sri Ramappa v. State of Karnataka 2021 SCC OnLine Kar 12793, and opined that if an apprehension of arrest existed even after issuance of notice of appearance, it could not be said that anticipatory bail application was not maintainable. 

Thus, considering petitioner’s health condition and the offences alleged against petitioner were punishable with imprisonment of less than seven years, the Court granted anticipatory bail to petitioner. The Court directed petitioner to surrender before the Station House Officer concerned, within a period of ten days from today, and on such surrender, petitioner was ordered to be enlarged on bail after executing a personal bond of Rs. 20,000 with two sureties for the like sum each to the satisfaction of the Station House Officer concerned. Further, on release petitioner should appear before the Superintendent of Police, Kadapa, once in a fortnight for a period of three months and, petitioner should co-operate with the investigation. 

Second Citation 

Telangana High Court

A. Kaluram vs The State Of Telangana on 19 May, 2022

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

     THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

           CRIMINAL PETITION No.4448 OF 2022

4. Learned Assistant Public Prosecutor submitted that he has received instructions from the Police, Rajendranagar PS stating that they have already issued notice under Section 41- A Cr.P.C to the petitioner/accused No.1 on 19.04.2022 and he has not given any reply and that the investigation is still pending. He submits that they are following the due process of law. Hence, he prayed for dismissal of the application.

5. On perusal of the entire material on record, it appears that the accused No.2/petitioner No.2 was not served with a notice under Section 41-A Cr.P.C. The accused No.1/petitioner No.1 was only served with the notice.

6. Since the punishment prescribed for the offences alleged against the petitioners is up to seven years and also accused No.2 was not issued a notice under Section 41-A Cr.P.C, respondent - Police are directed to issue notice under Section 41-A Cr.P.C to accused No.2.

7. In view of the said discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.677 of 2022 pending on the file of Rajendranagar Police Station, Cyberabad District, to strictly follow the procedure laid down under Section 41-A Cr.P.C. and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the 1 (2014) 8 SCC 273 petitioners herein. However, the petitioners shall cooperate with the Investigating Officer in concluding the investigation by furnishing information and submitting documents, as sought by him.

Miscellaneous applications, if any, pending shall stand closed.