KAKKARAVALI ABDUL RAZAQ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In Cr.No.323/2018 dated 30.12.2018 of Tadipatri Town Police Station, which is registered for the offences punishable under Sections 147, 143, 148, 341, 324, 307, 353, 333, 436, 120-B r/w 49 IPC, the petitioner-A4 seeks for pre-arrest bail,

(2.) On the statement of the police constable of Chennuru Police Station, Cr.No.323/2018 was registered and investigated into. The brief averments of the complaint are that the complainant works as police constable in Crime Party, Kadapa Sub-division. On 30.12.2018 in the morning at about 8.30 A.M., basing on the confessional statement of the accused in Cr.No.291/2018 the complainant and other constables proceeded from Kadapa to Tadipatri Town to enquire about Afzal, who is the father of Rasheed and Abdul Kalam, and at about 4.30 P.M. they went to the house of A1. When they were enquiring about Afzal, all the accused formed into a group and attacked the police party with sticks and stones and beat them and caused injuries with a view to kill them. They also set fire to the police vehicle. The fire service crew came and doused the fire and thereafter the police of Tadipatri town came and rescued the injured police party and admitted them into the hospital. Hence, the crime is registered and investigated into.

(3.) Denying the allegations in the complaint learned counsel for the petitioner-A4 would argue that no incident as alleged occurred and on the other hand, when the police party came in mufti, the locals in that area attacked them thinking that they are gundas and in that melee the complainant and others were injured and in fact the brothers of accused rescued them. It is further argued that even assuming that the complaint allegations are true, the presence of petitioner-A4 at the time of incident is not specifically stated in the F.I.R. and therefore, petitioner may be granted bail. He placed reliance on the decision of the High Court of Gauhati in Arun Sharma v. State of Assam, 1985 LawSuit(Gau) 32 to submit that the Division Bench of High Court of Gauhati granted pre-arrest bail to the accused in that case on the ground that his name was not mentioned in F.I.R.