VASANTHI Vs. STATE OF A P

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was arrested on 21st february, 2004 for involvement in an offence under Section 120-B read with Sections 364 (A) , 341, IPC and Section 3 (4) of The andhra Pradesh Control of Organized Crime act, 2001 (for short 'the Act'). The charge- sheet has since been filed in the Court of IX metropolitan Magistrate, Hyderabad. She moved the Sessions Court for bail and on rejection, she moved the High Court. The High court declined to grant bail on the ground that though not Section 3 (4) , Section 3 (2) of the act is prima facie attracted and therefore the provisions contained in Section 21 (4) of the act limiting the powers of the Court to grant bail would apply. The High Court observed that "it is not reasonably possible to conclude at this stage there are no reasonable grounds for believing that she is not guilty of the offence and that she is not likely to commit any offence while on bail. The request for bail cannot be accepted".

(3.) Aggrieved by this Order the Special leave Petition giving rise to the present appeal has been filed. The main allegation against the appellant is that she lent her car for being used in carrying the kidnapped boy from hyderabad to Pune by the other accused including her daughter. It may be noted that appellant's daughter has been released on bail by the High Court.