LAWS(APH)-2013-9-21

S.NAGESH KUMAR Vs. STATE OF ANDHRA PRADESH

Decided On September 20, 2013
S.Nagesh Kumar Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition, under Section 438 Cr.P.C., has been filed by the petitioner/accused seeking anticipatory bail in the event of his arrest in connection with Crime No. 808 of 2013 on the file of the Panjagutta Police Station, Hyderabad, registered for the offences punishable under Sections 505(1)(b)(c), 469 IPC and Section 3 of the Police Incitement to Disaffection Act, 1922. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State and perused the material available on record.

(2.) The petitioner is working as Resident Editor in 'The Hindu' english daily newspaper. The allegation against the petitioner is that he is responsible for publishing a news item in the front page of the said newspaper on 13.09.2013 under the heading "DGP visiting Old City godman raises eyebrows". The sum and substance of the said news item is that the Director General of Police, Andhra Pradesh - V. Dinesh Reddy, IPS, met a godman named Habib Mustafa Idrus Baba at Fateh Darwaza in the old city. It was also stated in the said news item that the DGP went to meet the godman carrying some files with him.

(3.) While so, one K.V. Ram Narasimha Reddy, ACP, A.P. Gazetted Police Officer Association, lodged a complaint against the petitioner alleging that the said publication was made with an intention to harm the reputation of the office of the DGP in particular and the entire police force in general and thereby to cause alarm and fear among the public and with an ulterior motive to demoralise the police force and spread disaffection among the ranks and file of the police to weaken the authority which may result in ineffective police. It is also alleged that it is the public who will suffer if the police gets weakened and in order to protect the interests of the public at large and for the purpose of maintenance of law and order, peace and harmony among different religious groups in the present scenario of ongoing 'Ganesh Chathrthi' and 'Nimajjanam' such visits of police officers can no way be questioned or doubted.