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IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Cheemalapati
Kadali Naga Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Ravi Cheemalapati, J.
Since the petitioners/Accused is one and the same and the above crimes were registered in relation to Konaseema agitation, they are being disposed of by this common order.
These Criminal Petitions are filed under Sections 438 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking pre-arrest bail, by the petitioners/Accused in the following crimes:
Crime No.140 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 r/w. 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of Police Act, 1861.
Crime No.141 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188 r/w. 149 of IPC and Section 32 of Police Act, 1861.
Crime No.139 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435 r/w
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
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....
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
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....
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
Bail is the rule and jail is the exception, and the court must balance personal liberty with the enforcement of criminal law.
The main legal point established in the judgment is the need to balance personal liberty with the enforcement of criminal law, considering factors such as lack of evidence, the accused's age, and the....
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
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