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J. B. PARDIWALA, R. MAHADEVAN
P. V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. irregularities in liquor procurement and political involvement (Para 1 , 2 , 3) |
| 2. denial of anticipatory bail due to lack of accusations (Para 4 , 5 , 8 , 11 , 15 , 18) |
| 3. caution in the exercise of arrest powers by police (Para 6 , 7 , 10 , 12 , 13 , 14 , 16 , 19 , 20) |
| 4. remission to the high court for fresh consideration (Para 17 , 22 , 24) |
| 5. disposition of special leave petition (Para 25 , 26) |
ORDER :
2. It appears from the materials on record that one individual by name Mr. Y. Venkateswar Rao Srinivas, a resident of Vijaywada lodged a complaint in writing addressed to the Principal Secretary to Government, Revenue (Excise) Department, Amarawati, Andhra Pradesh dated 26-8-2024 stating as under:-
3. In view of the aforesaid complaint, ultimately the First Information Report came to be registered at the CID, Police Station, referred to above.
5. We take notice of the fact that the High Court essentially declined to grant anticipatory bail as prayed for on the ground that the very apprehension expressed by the petitioner that he was likely to be arrested was not well-founded because there are no accusations made against the petitioner in the FIR. Apart from this, acco
Anticipatory bail petition – Court may either grant or decline bail – Court cannot ask why accused was not arrested.
Anticipatory bail cannot be granted based on vague allegations; the applicant must demonstrate a reasonable belief of imminent arrest linked to specific offenses.
Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 Cr.P.C in a case registered under Section 409 of the Indian Penal Code, 1860, based on the petitio....
Anticipatory bail is not automatically granted based on custodial interrogation needs; courts must assess the prima facie case and severity of allegations against the accused.
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