MAJETI PRAKASH Vs. STATE OF A P

JUDGEMENT

(1.) This petition, under Section 438 of the Criminal Procedure Code, is filed by the petitioners/Accused Nos.1 and 2 seeking anticipatory bail in the event of their arrest in Crime No.311 of 2009 on the file of Tadepalli Police Station, Guntur District, registered for the offences under Section 420 of the Indian Penal Code, Section 7(1) of the Essential Commodities Act and Clause 17 of the A.P. Public Distribution System (Control) Order, 2001.

(2.) Anticipatory bail is a discretionary remedy. When it appears that a respectable person is falsely implicated in a criminal case, then considering the facts and circumstances of the case, the Court may exercise discretionary powers to see that an innocent person is not put to unnecessary harassment and his prestige is not lowered in the society. The same does not apply to a person who is indulging in malpractices or criminal activities continuously.

(3.) The petitioner No.1/Accused No.1, earlier, approached this Court by filing Criminal Petition No.1895 of 2009, seeking anticipatory bail in Crime No.43 of 2009 of Tadepalli Police Station, Guntur District, and this Court, considering the facts and circumstances of the case, granted him anticipatory bail on 06.04.2009. When once a person obtained bail from the Court, it is expected that he would act as a law abiding citizen, attend the Court regularly, not tamper the prosecution evidence and not repeat such acts in future, but unfortunately, the allegations against the petitioner No.1/ Accused No.1 show that he has again indulged in similar criminal activities.