PODURI RANJITH Vs. STATE OF TELENGANA

JUDGEMENT

(1.) This petition is filed under Ss. 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A.4 in connection with Crime No.973 of 2021 of Hayathnagar Police Station, Rachakonda Commissionerate, wherein the petitioner and other accused are alleged to have committed the offences punishable under Sec. 370(A)(2) of the Indian Penal Code, 1860 (for short 'IPC'), and Ss. 3, 4 and 5 of the Prevention of Immoral Traffic Act, 1956.

(2.) The case of prosecution in nutshell is that A.1 was running brothel house by procuring innocent females for prostitution and he was informed the same to A.2 to A.4 to come to UTF Colony, Laxmareddy Palem, and shown the victim to A.2 to A.4. After seeing the victim, they agreed for participation of sex with the victim and paid the amounts. While petitioner participating in sexual course with the victim, LW.1-Detective Inspector of Police had apprehended the accused persons and took them into custody and seized net cash of Rs.2,000.00, phones of A.1 to A.3 and other materials. Basing on the said report, the present crime is registered.

(3.) This Court, by order dtd. 19/1/2022, has granted bail to the petitioner. While granting bail, this Court directed Investigating Officer as well as XXIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar, to submit a report before this Court within one week why Sec. 41-A Cr.P.C. and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar,(2014) 8 SCC 273. are not followed, when the punishment for the alleged offences is below seven years, when the police failed to give proper reasons for the arrest of the accused and on what basis the accused was remanded.