DHIRENDRA KUMAR SINGH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Sections 437 and 439 of Cr.PC for grant of bail.

(2.) The petitioners are accused 1 to 3 respectively in Crime No.34 of 1998 on the file of Malkapuram Police Station, Visakhapatnam registered for the offences under Sections 392 and 342 of 1PC and Section 25(1-B)(A) and Section 27 of the Arms Act, 1959. The petitioners are said to be the permanent employees of Indian Navy at Visakhapatnam. The allegations against the petitioners are that on 4-6-1998 at about 7.20 p.m. the accused entered into Andhra Bank Extension Counter, INS Veerababu, Malkapuram with country made pistols and knife etc., and threatened the Bank Branch Manager and the Cashier at the point of pistol and committed theft of cash of Rs.2,54,371.00 from the Bank and escaped with the said amount on an unnumbered Bajaj Chetak 'scooter. According to the prosecution, at the time of commission of offence, the petitioners were wearing masks to conceal their identity. It is stated that the petitioners are innocent and that investigation has been completed and charge-sheet has also been filed and as such they may be released on bail.

(3.) During the course of investigation, it came to light that as the petitioners are Officers of the Indian Navy, the Naval authorities have decided to proceed against the petitioners in Court Martial proceedings and in accordance with that on the requisition of the commanding officer, the petitioners have been handed over to the naval authorities under the provisions of the Navy Acton 12-1-1999.