K RAJASEKHARA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A short but interesting and important question arises for consideration in this petition. The point for decision is whether this Court, in exercise of its power under Section 438 of Cr.P.C. can direct the release of a person against his anticipated arrest on a mere apprehension or suspicion that a person is likely to be arrested on a possible accusation of a non-bailable offence?

(2.) The petitioner says that he was the Manager of Vasundhara Chit Fund and Finance, Amangal. According to him, some disputes arose between the partners of the said Chit Fund and Finance. It is alleged that other partners started harassing the petitioner demanding huge amounts from him. Civil disputes amongst the partners are stated to be pending. While the matter stood thus, the other partners of the Chit Fund company are alleged to have given a complaint to the Inspector of Police, Amangal Police Station against the petitioner. Even according to that the Inspector of Police is demanding the family members of the petitioner to produce the petitioner immediately in the Police Station. It is stated that the Inspector of Police, Amangal Police Station is trying to harass him and obviously with an intention to extract some written documents from the petitioner to enable the other partners for recovery of money from the petitioner.

(3.) It is specifically stated that the petitioner has reasonable apprehension that he will be arrested by the Police and 'illegally detained' without registering a crime. The petitioner claims that the Court can direct his release in the event of his arrest, even though no crime as such is registered.