Y PANDURANGA CHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The matter has come-up before the Court on an objection taken by the office for the maintainability of the petition filed for anticipatory bail under Sec.438 Cr.P.C. The petitioner filed the petition saying that he is apprehending arrest and that people of the C.C.S. Vijayawada have come several times to his residence at Ameerpet to arrest him. He claims that he could not find out actually the police station from which they have come and what is the crime number in which they have come to arrest him. But he only learnt that they are coming from the CCS. Mr. Veerabhadra Rao relies upon the observations of the Supreme Court in Gurbaksh Singh vs. State of A.P. The Supreme Court in paragraph 35 observed that "the filing of a First Information Report is not a condition precedent to the exercise of the power under Sec.438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed." The various other observations in the judgment dearly indicate that a mere fear is no justification for seeking an order under Sec.438(1) and it should be based upon a reasonable belief and a genuine apprehension of arrest. The Court also remarked that after an FIR is issued, a person can approach the Court for anticipatory bail.

(2.) In the present case, the petitioner does not mention when exactly a report was given to the police by the second respondent and whether an FIR has been issued or not. He does not also mention whether a report was given by the second respondent in any police station in Vijayawada and then the case was referred to the CCS or whether an FIR was directly issued by the CCS.

(3.) Normally, the local police register the case, issue in FIR and then refer the matter to the CCS for action. In such circumstances, the FIR must have preceded the action taken by the CCS. The present petition appears to be sed upon mere fear of arrest without giving the basis for a reasonable apprehension for arrest. The objection taken by the office is perfectly sustainable.