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RAVI CHEEMALAPATI
Desamsetti Siva Madhu Kalyan – Appellant
Versus
State – Respondent
JUDGMENT
Ravi Cheemalapati, J. - This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioner in connection with crime Nos. 138, 139, 140 and 141 of 2022 of Amalapuram Town Police Station, East Godavari District.
2. The petitioner is arrayed as one of the accused in all four crimes.
3. Crime No. 138 of 2022 is registered for the offences punishable under Sections 307, 120(b) 324, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 506 read with 149 IPC and Sections 3 and 4 of PDPP Act and 32 of Police Act.
4. Crime No. 139 of 2022 is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435, 120(B), 109, 201 read with 149 of IPC, Sections 3 and 4 of PDPP Act and 32 of Police Act.
5. Crime No. 140 of 2022 is registered for the offences punishable under Sections 307, 120(B), 341, 143, 144, 147, 148, 151, 336, 435, 188, 506 read with 149 of IPC, Sections 3 and 4 of PDPP Act and 32 of Police Act, 1861.
6. Crime No. 141 of 2022 is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188, 120(B), 353, 2
Confessional statements made by accused persons before a police officer after the investigation has started are inadmissible as evidence.
Anticipatory Bail – While considering prayer for grant of anticipatory bail, balance has to be struck between two factors; no prejudice should be caused to free, fair and full investigation and there....
The court holds that in order to establish an unlawful assembly under Section 141 of the IPC, there must be a common intention among the members of the assembly to commit an offense. The court also h....
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
An accused person may be granted bail even if their name was not initially mentioned in the complaint, especially if similar bail applications have been allowed in related cases.
In cases of large-scale violence, bail may be granted to accused persons who are not shown to have committed specific acts of violence or damage to property, especially if other accused have been gra....
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