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T. MALLIKARJUNA RAO
Nara Chandrababu Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. facts of the case and allegations (Para 1 , 2 , 3 , 4) |
| 2. response and counter-allegations (Para 5) |
| 3. legal frameworks and procedural principles for bail (Para 6 , 12 , 19 , 20 , 21 , 24 , 26 , 32 , 33 , 35) |
| 4. principles of anticipatory bail from precedents (Para 7 , 8 , 9 , 11) |
| 5. a balance between individual liberty and the need for investigation is essential in bail considerations. (Para 42) |
| 6. political vendetta cannot solely invalidate legitimate criminal prosecutions backed by evidence. (Para 55 , 57) |
| 7. anticipatory bail is granted when the case is politically charged yet lacking substantial prima facie support. (Para 71) |
| 8. granting of anticipatory bail (Para 73 , 74) |
JUDGMENT
1. This petitioner/A.1 has filed the present Criminal Petition invoking the provisions of Sec. 438 of the Code of Criminal Procedure (Cr.P.C.) seeking pre-arrest bail in the event of his arrest in connection with Crime No.16 of 2022, registered at the C.I.D., Police Station, Andhra Pradesh, Amaravati, Mangalagiri.
2. The Petitioner, along with others, stands accused in a case involving the offences punishable under Ss. 120(B), 420, 34, 35, 36, 37, 166, 167 and 217 of the INDIAN PENAL CODE
The court emphasized that anticipatory bail is warranted when there is a lack of prima facie evidence against the accused and a significant delay in the investigation suggests no immediate necessity ....
(1) Pre-arrest bail – There cannot be presumption of guilt to deprive a person of his liberty without an opportunity before Court.(2) No arrest can be made routinely on a mere allegation of commissio....
Section 146 of the APCRDA Act, 2014, bars the prosecution of any officer, authority, or person for any act done or purported to have been done under the Act or in pursuance of the Act, the rules, or ....
Custody in different crimes arising from different transactions cannot be deemed as custody for the purpose of seeking regular bail.
The Governor can exercise discretion to grant prosecutorial sanction under Section 17A of the PC Act even against a Chief Minister if the Council of Ministers' advice appears biased.
Anticipatory bail should not be granted to persons involved in economic offences, especially when ongoing investigations require their custodial interrogation to secure relevant evidence.
Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibra....
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