THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No.2998 OF 2021
ORDER:
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 to enlarge the petitioner/Accused on bail in Crime No.12 of 2021 of CID Police Station, Mangalagiri, Guntur, Andhra Pradesh, registered for the offences punishable under Sections 124-A, 153(A), 505 r/w 120- B of Indian Penal Code, 1860 (for short 'IPC').
2. Brief facts of the case are that the petitioner is Member of Parliament having been elected to Lok Sabha from Narasapuram Parliamentary constituency in Andhra Pradesh. While so, on 14.5.2021 at about 5.00 pm., police arrested the petitioner at his residence at Hyderabad in the above crime, as he has been indulging in hate speeches against certain communities and promoting disaffection against the Government, which will cause loss of faith in the Government and also cause disturbances.
3. This petition was moved by way of House Motion on 14.5.2021 and the same was allotted to this Court at about 10.30 pm., As there is no technical staff to operate Blue Jeans App and there is no Court Master and Court Officer because of Lock down imposed in the State of Andhra Pradesh, it was heard through telephone. With the consent of both the learned counsels, the present petition is taken up today for hearing. 2
4. Heard learned Senior counsel Sri B.Adinarayana Rao for the petitioner as well as the learned Additional Advocate General for the respondents.
5. As the petitioner has not moved any application seeking bail before the Sessions Judge, this Court has taken objection for the same. Learned Senior counsel submitted that there is concurrent jurisdiction in entertaining bail applications by the High Court as well as the Sessions Court. In support of his contentions, learned Senior Counsel has placed reliance on the judgments reported in 2014 (16) SCC 623 and also 2018 SCC On-line Hyderabad
224.
6. On the other hand, learned Additional Advocate General has opposed the petition and stated that the present petition filed under Sections 437 and 439 Cr.P.C., is not at all maintainable as the petitioner was not yet produced before the concerned Magistrate. In support of his contentions, learned Additional Advocate General has placed reliance on the judgments reported in 2019 (2) ALT (Crl.) 209 (DB) and 2004 (7) SCC 558.
7. Even assuming for the sake of argument, that an application seeking bail is maintainable at this stage, but the guidelines framed for hearing bail applications during Summer Vacation -2021 categorically states as under :
Criminal Matters :
i) Anticipatory bail matters
ii) Bail applications, if bail is refused by Magistrates and Sessions Judges/ Additional Sessions Judges.3
iii) Criminal Appeals and Criminal Revision Cases in which the accused are convicted.
8. As per the above guidelines, it is very much clear that only against the orders passed dismissing the bail application by the trial Court, then only, bail application can be moved before this Court.
9. Though the learned Senior counsel submits that this Court as well as the Sessions Court have got concurrent jurisdiction, this Court is not inclined to entertain this petition directly without moving the same before the trial Judge, where entire material including remand report will be available on his production. It is also to be noted here that the petitioner is still in police custody and he is not yet produced before appropriate Court for judicial remand.
10. In that view of the matter, this Court is not inclined to entertain the present petition seeing bail and the same is liable to be dismissed. However, the petitioner can approach the concerned trial Judge and seek necessary reliefs.
With the above observation, the Criminal Petition is dismissed.
As a sequel, the miscellaneous applications, if any, shall stand closed.
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_______________________ K. SURESH REDDY, J Date : 15.5.2021.
Note: Furnish C.C. today B/o RPD 5 THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No.2998 of 2021 Date : 15.5.2021 Note: Furnish C.C. today B/o RPD